IMPERIAL COLLIERY CO. V. FOUT
373 S.E.2d 489 (W.Va. 1988)
NATURE OF THE CASE: This was an appeal from a summary judgment on dismissal of a
retaliatory eviction claim.
FACTS: Fout (D) was employed by the Milburn Colliery Co. as a coal miner. For six years,
d leased a small house trailer from Imperial Colliery Co., (P) an interrelated company with
Milburn. D signed a lease with P for an annual rent of $1 per year with the lease terminable
upon either party with one month's notice. In February 14, 1986, P notified D that his lease
was terminated. A two-month extension was agreed to. Eventually P sued for possession and D
asserted retaliatory eviction in that he participated in a UMW strike against Milburn. D was
evicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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