ASPEN INS. UK LTD. v. MURRIEL-DON COAL, INC.

Civil Action No. 11-15-ART.

793 F.Supp.2d 1010 (2011)

ASPEN INSURANCE UK LIMITED, Plaintiff, v. MURRIEL-DON COAL, INC., et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

May 27, 2011.


Attorney(s) appearing for the Case

Linsey W. West , Kara MacCartie Stewart , Mindy G. Barfield , Dinsmore & Shohl LLP, David Phillip Kaiser , George B. Hocker , Ward, Hocker & Thornton, PLLC, Lexington, KY, for Plaintiff.

Gary C. Johnson , Rhonda Jennings Blackburn , Gary C. Johnson , P.S.C., Pikeville, KY, Henry G. Jones , Kenneth R. Friedman , Friedman Rubin & White Bremerton, WA, Kyle R. Salyer , Kirk Law Firm, Paintsville, KY, for Defendants.


MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

The declaratory judgment statute—which provides that federal courts "may" enter declaratory judgments in "case[s] of actual controversy," 28 U.S.C. § 2201(a)—"confer[s] on federal courts unique and substantial discretion in deciding whether to declare the rights of litigants." Wilton v. Seven Falls Co.,

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