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NAT. IND. COAL OPERATORS v. OLD REPUBLIC INS. CO.

Civ. A. No. 81-0094-A.

544 F.Supp. 520 (1982)

NATIONAL INDEPENDENT COAL OPERATORS ASSOCIATION, INC., Clint Eagle Mining Company, Inc., Pigeon Branch Coal Co., Inc., Broyles and Dotson Coal Co., AKP Coal Company, Asher Coal Corporation, Everidge and Nease Coal Co., Inc., Pine Coal Corporation, and Clarence Maggard Coal Company, Incorporated, Plaintiffs, v. OLD REPUBLIC INSURANCE COMPANY and Bituminous Casualty Corporation, Defendants.

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

July 27, 1982.

Attorney(s) appearing for the Case

John W. Palmore, Nave, Williams & Palmore, Lexington, Ky., Kenneth P. Asbury, Wise, Va., Earl M. Cornett, Hindman, Ky., for plaintiffs.

E. Olen Culler, Press, Fenderson, Culler, Jones & Waechter, Richmond, Va., Frank Cummings, Washington, D. C., for defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

The plaintiffs bring this action for a Declaratory Judgment pursuant to 28 U.S.C. § 2201. The plaintiff, National Independent Coal Operators Association, Inc., is a non-stock, non-profit corporation organized and existing under the laws of the Commonwealth of Kentucky and authorized to conduct its business in the Commonwealth of Virginia, having as its members numerous coal mine operators engaged...

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