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SHRADER v. HARMAN MIN. CORP.

Civil Action No. 96-0058-A.

961 F.Supp. 137 (1997)

Jackie SHRADER, Plaintiff, v. HARMAN MINING CORP., Defendant and Third-Party Plaintiff, v. Michael H. HOLLAND, et al., as Trustees of the United Mine Workers of America 1974 Pension Plan and Old Republic Ins. Co., Third-Party Defendants.

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

April 3, 1997.

Attorney(s) appearing for the Case

John M. Lamie, Abingdon, VA, for Jackie Shrader.

Thornton L. Newlon, Tazewell, VA, for Harman Mining Corp.

Stanford T. Mullins, Grundy, VA, for Old Republic Ins. Co.

Charlie R. Jessee, Jessee & Read, Abingdon, VA, Robert D. Valer, UMWA Health and Retirement Funds, Washington, DC, for UMWA.

GLEN M. WILLIAMS, Senior District Judge.

This action is presently before this court on Third-Party Defendants' Michael H. Holland, Donald E. Pierce, Elliot A. Segal, and Joseph J. Stahl II (collectively, "Trustees") Fed.R.Civ.P. 12(b)(1) and (6) motions to dismiss. Third-Party Plaintiff Harman Mining Corporation (Harman) opposes the Trustees' motion. In considering a Fed.R.Civ.P. 12(b)(1) and (6) motions, this court will not consider any matters outside the pleadings...

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