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CANNELTON INDUSTRIES v. DISTRICT 17, MINE WORKERS

No. Civ.A. 2:99-00070.

46 F.Supp.2d 500 (1999)

CANNELTON INDUSTRIES, INC., Plaintiff, v. DISTRICT 17, United Mine Workers of America, et al., Defendants.

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

April 19, 1999.

Attorney(s) appearing for the Case

Michael W. Carey and Pamela C. Deem, Carey, Hill, Scott, Winter & Johnson PLLC, Charleston, WV, for plaintiff.

William D. Ryan, UMWA, Charleston, WV, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are motions to dismiss filed by District 17, United Mine Workers of America ("District 17") and by Rick Miles. The motions are ripe for review. After careful consideration, the Court DENIES District 17's motion and GRANTS Defendant Rick Miles' motion.

I. FACTUAL BACKGROUND

On March 5, 1997 Rick Miles filed a grievance pursuant to the labor agreement...

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