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MOUNTAIN STATE CARBON, LLC, v. CENTRAL WEST VIRGINIA ENERGY COMPANY

Civil Action No. 5:12-CV-87.

MOUNTAIN STATE CARBON, LLC, Plaintiff, v. CENTRAL WEST VIRGINIA ENERGY COMPANY, MASSEY ENERGY COMPANY, n/k/a Alpha Appalachia Holdings, Inc., MASSEY COAL SALES COMPANY, INC., n/k/a Appalachia Coal Sales Company, Inc., Defendants.

United States District Court, N.D. West Virginia, Wheeling.

June 26, 2012.

Attorney(s) appearing for the Case

Mountain State Carbon, LLC, Plaintiff, represented by Bruce E. Stanley , Reed Smith LLP, David B. Cross , David F. Cross , Cross Law Offices, David B. Fawcett, III , Reed Smith LLP, Pro Hac Vice, James M. Doerfler , Reed Smith LLP, Pro Hac Vice & Joshua D. Verdi , Reed Smith LLP.

Central West Virginia Energy Company, Defendant, represented by Athanasios Basdekis , Bailey & Glasser, LLP - Charleston, Brian A Glasser , Bailey & Glasser, LLP - Charleston & Christopher S. Morris , Bailey & Glasser, LLP - Charleston.

Massey Energy Company, now known as Alpha Appalachia Holdings, Inc., Defendant, represented by Athanasios Basdekis , Bailey & Glasser, LLP - Charleston, Brian A Glasser , Bailey & Glasser, LLP - Charleston & Christopher S. Morris , Bailey & Glasser, LLP - Charleston.

Massey Coal Sales Company, Inc., now known as Appalachia Coal Sales Company, Inc., Defendant, represented by Athanasios Basdekis , Bailey & Glasser, LLP - Charleston, Brian A Glasser , Bailey & Glasser, LLP - Charleston & Christopher S. Morris , Bailey & Glasser, LLP - Charleston.

MEMORANDUM OPINION AND ORDER REMANDING MATTER TO THE CIRCUIT COURT OF BROOKE COUNTY

ROBERT C. CHAMBERS, District Judge.

Pending before the Court is the plaintiff's Motion to Remand [Doc. 12], filed June 15, 2012. The defendants responded on June 22, 2012 [Doc. 21], and the plaintiff replied on June 25, 2012 [Doc. 24]. Having reviewed the record and considered the arguments of the parties, this Court concludes that the plaintiff's motion...

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