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PEN COAL CORP. v. WILLIAM H. McGEE AND CO., INC.

Civ. A. No. 3:95-0151.

903 F.Supp. 980 (1995)

PEN COAL CORPORATION, a Tennessee corporation, Plaintiff, v. WILLIAM H. McGEE AND CO., INC., a New York corporation, and Phoenix Assurance Co. of New York, a New York corporation, Defendants.

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

October 19, 1995.

Attorney(s) appearing for the Case

Thomas A. Heywood, Benjamin L. Bailey, Charleston, WV, for Plaintiff.

Thomas W. Pettit, Stephen W. Graffam, Dennis A. Watson, Marty Young Brown, Huntington, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the Court is the defendants' motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and to transfer this case to the United States District Court for the Middle District of Tennessee pursuant to 28 U.S.C. § 1404(a). For the reasons outlined below, the Court DENIES the defendants' motion to dismiss and the defendants' motion to transfer.

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