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CASTLE v. LAUREL CREEK CO., INC.

Civ. A. No. 3:94-0162.

848 F.Supp. 62 (1994)

Michael C. CASTLE and Big South Mining & Construction Co., Inc., a Kentucky Corporation, Plaintiffs, v. LAUREL CREEK CO., INC., a Delaware Corporation, et al., Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

April 12, 1994.

Attorney(s) appearing for the Case

H. Truman Chafin, Williamson, WV, Paula L. Wilson and Marvin W. Masters, Masters & Taylor, Charleston, WV, for plaintiffs.

Richard J. Bolen, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, Robert G. Jones, Arch Mineral Corp., St. Louis, MO, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the Defendants' motion to amend their notice of removal to this court and the Plaintiffs' motion to remand. For the reasons discussed below, the Court DENIES the Defendant's motion and GRANTS the Plaintiffs' motion.

I.

The plaintiffs filed their complaint against these defendants in the Circuit Court of Mingo County, West Virginia, on December...

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