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Imperial Colliery Co. v. Fout

Supreme Court of Appeals of West Virginia
373 S.E.2d 489 (W. Va. 1988)


Facts

Fout (defendant) was an employee of Milburn Colliery (Milburn) and was engaged in a labor strike against the company. Prior to and during the strike, Fout leased a house from Imperial Colliery (Imperial) (plaintiff). Out of nowhere, Imperial told Fout that his lease would be terminated. Fout told Imperial in a letter that he was not able to move out, but Imperial eventually brought suit for possession of the property. Fout alleged that Milburn and Imperial were interrelated companies and asserted a defense based on retaliatory eviction because of his participation in the strike against Milburn.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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