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BOGGS v. BLUE DIAMOND COAL CO.

No. 77-1724.

590 F.2d 655 (1979)

Jennifer BOGGS, Carol Combs, Geraldine Coots, Vera Galloway, Libby Gibbs, Madonna Griffith, Diane McKnight, Geraldine McKnight, Phyllis Peavy, Vickie Scott, Celinda Sparkman, Ethel Sturgill, Debbie Turner, Reda Turner, and Charlotte Widner, Administratices of their Decedents and Individually, Plaintiffs-Appellants, v. BLUE DIAMOND COAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 23, 1979.

Rehearing and Rehearing Denied March 9, 1979.

Attorney(s) appearing for the Case

Gerald M. Stern, George T. Frampton, Jr., Rogovin, Stern & Huge, Washington, D. C., Kelsey E. Friend, Pikeville, Ky., for plaintiffs-appellants.

Eugene Goss, Harlan, Ky., for Galloway and Sparkman.

James D. Asher, Whitisburg, Ky., for Sturgill.

Bert T. Combs, Charles R. Simons, Tarrant, Combs & Bullitt, Robert I. Cusick, Jr., Louisville, Ky., Foster D. Arnett, Arnett, Draper & Hagood, Knoxville, Tenn., Richard C. Ward, Craft, Barrett, Haynes & Ward, Hazard, Ky., L. R. Coulling, Jr., Hudgins, Coulling, Brewster & Morhous, Bluefield, W. Va., Henry D. Stratton, Stratton, May & Hays, Pikeville, Ky., Maxwell P. Barret, Hazard, Ky., for defendant-appellee.

Before MERRITT, Circuit Judge, and CECIL and PECK, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied March 9, 1979.

MERRITT, Circuit Judge.

In this diversity case, fifteen widows of coal miners killed in a mine disaster appeal the District Court's dismissal of their wrongful death action. The miners worked for a subsidiary corporation owned by the defendant, the parent corporation. Plaintiffs allege acts of negligence of the parent corporation separate and distinct from the conduct of the subsidiary. The case raises...

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