Civil A. No. 94-0166-A.

923 F.Supp. 98 (1996)

Connie DEEL, Administratrix of the Estate of Everett Deel, Deceased, Plaintiff, v. UNITED STATES of America, Acting By and Through the DEPARTMENT OF LABOR and the Mine Safety & Health Administration, Defendants.

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

April 4, 1996.

Attorney(s) appearing for the Case

Carl E. McAfee, McAfee, Bledsoe & Associates, P.C., Norton, VA, for plaintiff.

John F. Corcoran, U.S. Attorney's Office, Roanoke, VA and Colette J. Winston, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for defendants.

TURK, District Judge.


This case arises from a mining accident on November 18, 1992, which resulted in the death of Everett Deel. On that date, Deel was working as a continuous miner operator at the Dominion Coal Company's No. 1 Mine at Oakwood in Buchanan County, Virginia. While Deel was performing his duties, the mine roof collapsed and Deel was trapped in the operator's compartment of the continuous miner...

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