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NEDLEY v. CONSOLIDATION COAL CO.

Civ. A. No. 81-0061-W(K).

578 F.Supp. 1528 (1984)

James Brent NEDLEY, Plaintiff, v. CONSOLIDATION COAL COMPANY, a corporation, Defendant.

United States District Court, N.D. West Virginia, Wheeling Division.

January 4, 1984.

Attorney(s) appearing for the Case

James G. Bordas, Jr., Wheeling, W.Va., for plaintiff.

Robert M. Steptoe, Jr., Clarksburg, W.Va., for defendant.

MEMORANDUM OPINION

KIDD, District Judge.

This diversity action, filed in October 1981, is before the Court upon the motion for summary judgment of the defendant (sometimes "Consol" or "Company").

The action can be characterized as a "Mandolidis-type"1 case in which the plaintiff says he was injured while he was in the defendant's employ due to the "wilful, wanton and reckless...

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