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HOLLAND v. HIGH POWER ENERGY

No. CIV. A. 2:97-1092.

248 B.R. 53 (2000)

Michael H. HOLLAND, Marty D. Hudson, A. Frank Dunham and Elliot A. Segal, as Trustees of the United Mine Workers of America 1992 Benefit Plan, Plaintiffs v. HIGH POWER ENERGY, Pratt Mining Co., and Geupel Construction Co., Inc., Defendants

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

April 13, 2000.

Attorney(s) appearing for the Case

Larry D. Newsome, Barbara E. Locklin, David W. Allen, Jennifer Ruiz, Umwa Health & Retirement Funds, Office of the General Counsel, Washington, DC, Gary A. Collias, McIntyre & Collias, Charleston, for Plaintiffs.

Charles L. Woody, Paula Durst Gillis, Kevin L. Carr, Spilman, Thomas & Battle, Charleston, for Defendants.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is pending before the court on the motion of defendant, Pratt Mining Company, to stay proceedings in the above-styled civil action, filed April 12, 1999.

I.

On December 5, 1984, Pratt Mining Company ("Pratt") and Geupel Construction Company, Inc. ("Geupel") formed a joint venture known as High Power Energy ("High Power"), for the purpose of performing and completing a contract...

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