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BALL v. JOY MFG. CO.

Civ. A. Nos. 1:87-0268, 1:88-0133 and 1:88-1691.

755 F.Supp. 1344 (1990)

Rodney D. BALL, Sr., et al., Plaintiffs, v. JOY MANUFACTURING CO., a Pennsylvania Corporation, Defendant. Robert E. THOMPSON and Geneva Ann Thompson, Plaintiffs, v. JOY TECHNOLOGIES, INC. (formerly Joy Manufacturing Company), a Pennsylvania Corporation, Defendant. William R. LEVITT and Shirley Levitt, Plaintiffs, v. JOY TECHNOLOGIES, INC., a Delaware Corporation (formerly Joy Manufacturing Company, a Pennsylvania Corporation), Defendant.

United States District Court, S.D. West Virginia, at Bluefield.

As Amended November 8, 1990.

Attorney(s) appearing for the Case

James B. Lees, Jr., James A. McKowen and David L. Stuart, Hunt & Wilson, Charleston, W.Va., for plaintiffs.

Dennis C. Sauter, Jackson & Kelly, Charleston, W.Va., for defendant.

MEMORANDUM ORDER AND OPINION

HALLANAN, District Judge.

This matter is before the Court via the Defendant's motion for summary judgment, the Plaintiffs' motion to certify questions of West Virginia law, and the Plaintiffs' motion to reconsider and/or amend judgment. After careful consideration of the pleadings filed relative thereto, as well as the oral argument of counsel addressing the motion for summary judgment, the Court is now prepared to render its...

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