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BALL v. ISLAND CREEK COAL CO.

Civ. A. Nos. 87-0143-A, 87-0307-A, 88-0078-A.

722 F.Supp. 1370 (1989)

James BALL, et al., Plaintiff, v. ISLAND CREEK COAL CO., Defendant. Clarence VANDYKE, v. ISLAND CREEK COAL CO. Ira Leon VANDYKE, et al., Plaintiffs, v. ISLAND CREEK COAL CO., et al., Defendants.

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

September 7, 1989.

Attorney(s) appearing for the Case

E.K. Street, Grundy, Va., R. Kenneth Wheeler, Richmond, Va., and H.A. Street, Grundy, Va., for plaintiffs, Clarence Vandyke, Ira Leon Vandyke and James Ball, et al.

Stephen M. Hodges, Wade M. Massie, Abingdon, Va., for Island Creek Coal Co., et al.

S.D. Roberts Moore, Walter H. Peake, III, Roanoke, Va., for third-party defendants James Ball, et al.

Jerry K. Jebo, Radford, Va., for Nationwide Ins.

MEMORANDUM OPINION

GLEN M. WILLIAMS, Senior District Judge.

This case is before the court on defendant's motion for summary judgment and the third party defendants' motion to dismiss the third party complaint in Civil Action No. 88-0078-A. The court has jurisdiction pursuant to 28 U.S.C. § 1332.

FACTUAL AND PROCEDURAL BACKGROUND

On August 28, 1907, Joseph Vandyke conveyed coal, oil, gas and mineral rights to A.D. Harrah. Similarly...

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