HOWELL v. UNIT COAL CORP.

Civ. A. No. 91-96.

774 F.Supp. 429 (1991)

Albie HOWELL, Plaintiff, v. UNIT COAL CORPORATION and Old Republic Insurance Company, Defendants.

United States District Court, E.D. Kentucky, Pikeville Division.

Motion to Vacate, Alter or Amend Denied September 6, 1991.


Attorney(s) appearing for the Case

John L. Barton, Paintsville, Ky., for plaintiff.

Mark E. Solomons, Arter & Hadden, Washington, D.C., Paul E. Jones, Local Counsel, Baird, Baird, Baird & Jones, P.S.C., Pikeville, Ky., for defendants.


MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

This matter is presently before the court on motion of the defendant, Unit Coal Corporation [Unit], and Old Republic Insurance Company [Old Republic], to dismiss. In addition, the plaintiff, Albie Howell [Howell], has filed a motion for a temporary and permanent mandatory injunction. Fully briefed, the matter is ripe for decision.

FACTUAL BACKGROUND1

The plaintiff...

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