TURK, District Judge.
I.
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
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