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CAPERTON v. POCAHONTAS

Civ. A. Nos. 750777, 750388, 750322 and 750323.

420 F.Supp. 445 (1976)

Gladys CAPERTON et al., Plaintiffs, v. Beatrice POCAHONTAS et al., Defendants. Cummingham MUTTER, Plaintiff, v. Beatrice POCAHONTAS et al., Defendants. Harold POWERS, Plaintiff, v. Beatrice POCAHONTAS et al., Defendants. Harry FERREL et al., Plaintiffs, v. Beatrice POCAHONTAS et al., Defendants.

United States District Court, W. D. Virginia, Abingdon Division.

September 30, 1976.

Attorney(s) appearing for the Case

S. Strother Smith, III, Smith, Robinson & Vinyard, Abingdon, Va., for Gladys Caperton, and others.

Haney H. Bell, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., for defendants Republic Steel Corp. and Jones & Laughlin.

Wm. W. Eskridge, Penn, Stuart, Eskridge & Jones, Abingdon, Va., for Virginia Pocahontas Co. and Beatrice Pocahontas Co.

Charles B. Flannagan, II, Woodward, Miles & Flannagan, Bristol, Va., for defendants, Beatrice Pocahontas, Virginia Pocahontas and Island Creek Coal Co.

OPINION and ORDER

TURK, Chief Justice.

By Order dated December 24, 1975 these four cases against the Beatrice Pocahontas Coal Company, the Virginia Pocahontas Coal Company and the Island Creek Coal Company were consolidated for the purpose of determining whether diversity jurisdiction existed in this court on November 20, 1975, the date on which Civil Action No. 750777 was filed.1 The plaintiffs were all citizens of Virginia...

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