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MOLINARY v. POWELL MOUNTAIN COAL CO., INC.

No. 97-2695.

173 F.3d 920 (1999)

Jo D. MOLINARY, Trustee of the Susan Pruitt Cloud Land Trust, Plaintiff-Appellant, v. POWELL MOUNTAIN COAL COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 2, 1999.

Attorney(s) appearing for the Case

ARGUED: Walton Davis Morris, Jr., Charlottesville, Virginia, for Appellant. Stephen McQuiston Hodges, Penn, Stuart & Eskridge, Abingdon, Virginia, for Appellee. ON BRIEF: Daniel R. Bieger, Copeland, Molinary & Bieger, P.C., Abingdon, Virginia, for Appellant. Eric R. Thiessen, Penn, Stuart & Eskridge, Abingdon, Virginia, for Appellee.

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Affirmed by published per curiam opinion.

OPINION

PER CURIAM:

Jo D. Molinary (Molinary), in her capacity as trustee of the Susan Pruitt Cloud Land Trust, appeals from the district court's entry of final judgment in favor of Powell Mountain Coal Company, Inc. (Powell Mountain) following our remand of this case to the district court with instructions in connection with a prior appeal. See Molinary v. Powell Mountain Coal Co., Inc.,

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