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SHAMROCK COAL CO., INC. v. MARICLE

No. 98-SC-0664-MR.

5 S.W.3d 130 (1999)

SHAMROCK COAL COMPANY, INC., Appellant, v. R. Cletus MARICLE, Judge, Leslie Circuit Court, Appellee, and Sonny Grubb, Verlon Bush, Norman R. Hoskins, Elmer Couch, Gary D. Morgan, Leonard Morgan, Buhal Bush, James Trosper, Tim Witt, Terry Couch, Don Jackson, Ray Dean Grubb, Larry Jeffers, David Hooker, Ray Couch, Jr., Oral Roberts, Rod Feltner, Richard Napier, and Wayne Campbell, Real Parties in Interest.

Supreme Court of Kentucky.

November 18, 1999.

Attorney(s) appearing for the Case

Neville Smith, Manchester, Jeff A. Woods, Lizbeth L. Baker, Wyatt, Tarrant & Combs, Lexington, for Appellant.

R. Cletus Maricle, Judge, Leslie Circuit Court, Manchester, for Appellee.

Rickey D. Bailey, Manchester, McKinley Morgan, Hyden, Phyllis L. Robinson, London, for Real Parties in Interest.

JOHNSTONE, Justice.

Appellant, Shamrock Coal Company, Inc. (Shamrock), appeals from a Court of Appeals' decision denying Shamrock's petition for a writ prohibiting the Leslie Circuit Court from proceeding in a group of consolidated civil actions brought by a number of its former employees who allege that they have contracted the disease of coal workers' pneumoconiosis as a consequence of their employment. We granted discretionary review and reverse.

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