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PAYNE v. CONSOLIDATION COAL CO.

Civ. A. No. 81-0056-A.

607 F.Supp. 378 (1985)

Juanita Tavia Yates PAYNE, Ella Mae Yates Dancy and Elizabeth Jane Yates, Plaintiffs, Chadwick Leroy Murray and Stacy Leonard Murray, Infants, who sue by Veronica Cecelia Stone, Their Mother and Next Friend, Intervenors, v. CONSOLIDATION COAL COMPANY, Defendant.

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

April 1, 1985.

Attorney(s) appearing for the Case

Roger W. Mullins, Tazewell, Va., for plaintiffs.

Howard C. McElroy, Abingdon, Va., for intervenors.

James P. Jones, Bristol, Va., for defendant.

MEMORANDUM OPINION AND ORDER

GLEN M. WILLIAMS, District Judge.

This diversity action is before the court on the defendant's motion in limine, the defendant's motion for partial summary judgment, the plaintiffs' motion to compel discovery and the intervenors' motion for summary judgment. The parties having briefed the issues and argued their positions to the court, their motions are ready for disposition.

The intervenors, Chadwick Leroy Murray...

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