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BOGGS v. BLUE DIAMOND COAL CO.

Civ. A. No. 77-69.

497 F.Supp. 1105 (1980)

Jennifer BOGGS et al., Plaintiffs, v. BLUE DIAMOND COAL COMPANY et al., Defendants.

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

September 8, 1980.

Attorney(s) appearing for the Case

Rogovin, Stern & Huge, Gerald M. Stern, George T. Frampton, Jr., Washington, D. C., J. D. Lee, Madisonville, Tenn., Kelsey E. Friend, Pikeville, Ky., for plaintiffs.

Eugene Goss, Harlan, Ky., for Vera Galloway & Celinda Sparkman.

James D. Asher, Polly, Craft & Asher, Whitesburg, Ky., for Ethel Sturgill.

Foster D. Arnett, Knoxville, Tenn., Bert T. Combs, Tarrant, Combs & Bullitt, Louisville, Ky., Craft, Barret, Haynes & Ward, Hazard, Ky., Hudgins, Coulling, Brewster & Morhous, Bluefield, W. Va., Stratton, May & Hays, Pikeville, Ky., for defendants.

Cole, Harned & Broderick, Bowling Green, Ky., for intervenors.

BERTELSMAN, District Judge.

INTRODUCTION

This is a wrongful death action brought by the personal representatives of 15 coal miners, killed in a mine disaster, which occurred March 9, 1976, when an alleged accumulation of methane gas exploded. Plaintiff, Mary Coots, is the administratrix of one of the deceased miners. The defendant is a mining company, claimed by the plaintiffs to be responsible for ventilation safety within the mine.

The matter presently...

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