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ISLAND CREEK COAL CO. v. LAKE SHORE, INC.

Civ. A. No. 82-0349-B.

692 F.Supp. 629 (1988)

ISLAND CREEK COAL COMPANY and Garden Creek Pocahontas Company, Plaintiffs, v. LAKE SHORE, INC., Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

August 11, 1988.

Attorney(s) appearing for the Case

Ernest C. Vaughan, Jr., Richard Cullen, Richmond, Va., for plaintiffs.

Larry B. Kirksey, Bristol, Va., Michael F. Urbanski, Roanoke, Va., for defendant.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This diversity suit is before the court on the defendant's motion to dismiss the plaintiffs' amended complaint. The plaintiffs seek consequential and punitive damages resulting from the defendant's alleged negligent or intentional failure to warn of a defect in a mining shaft it sold to plaintiffs. For the reasons stated below, the court concludes that plaintiffs cannot recover compensatory or punitive...

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