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BAZILLA v. BELVA COAL CO.

No. 2:96-0348.

939 F.Supp. 476 (1996)

Anthony BAZILLA, et al., Plaintiffs, v. BELVA COAL CO., et al., Defendants.

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

September 13, 1996.

Attorney(s) appearing for the Case

Michael F. Niggemyer, Charleston, WV, Warren R. McGraw, II, Beckley, WV, for plaintiffs.

Carl J. Roncaglione, Jr., Daniels Law Firm, Charleston, WV, for Belva Coal Company, Belva Acquisition, Inc., Charles Steven Robinson, Ross Kegan, individually and as partners and/or officers/owners of Madison Branch Management, Inc., Rich Creek Mining Contractors, Inc., Belva Coal Company and/or Golden Oak Mining, L.P.

D.C. Offutt, Jr., Offutt, Eifert, Fisher, Duffield & Nord, Huntington, WV, for Golden Oak Mining, L.P.

Sheryl S. Mahaney, Richard J. Bolen, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, for William B. Sturgill.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Defendants' Motions to Dismiss and Plaintiffs' Motion to Remand. Also pending is Defendants' Belva Coal, Belva Acquisition, and Charles Stevens Robinson's Motions to Adopt. The Court GRANTS Plaintiff's Motion to Remand and DENIES Defendants' motions without prejudice.

Originally, the Complaint was filed in the Circuit Court of Logan County. It named the following defendants: Paul...

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