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CAPERTON v. A.T. MASSEY COAL CO., INC.

No. CIV. A. 2:00-0192.

251 B.R. 322 (2000)

Hugh M. CAPERTON, Harman Development Corporation, Harman Mining Corporation, and Sovereign Coal Sales Inc., Plaintiffs, v. A.T. MASSEY COAL COMPANY, INC., Elk Run Coal Company, Inc., Independence Coal Company, Inc., Marfork Coal Company, Inc., and Massey Coal Sales Company, Inc., Defendants.

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

August 1, 2000.

Attorney(s) appearing for the Case

Bruce A. Americus, David B. Fawcett, III, Anthony J. Guida, Jr., and Frank B. Harrington, Buchanan Ingersoll, Pittsburgh, PA, Robert V. Berthold, Jr., Berthold, Tiano & O'Dell, Charleston, for Plaintiff.

Jeff A. Woods, Penny R. Warren and Julie M. O'Daniel, Wyatt, Tarrant & Combs, Lexington, KY, Richard N. Farmer, Senior Attorney, Law Dept., Columbia Gas Transmission Corp., Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

I. INTRODUCTION

Pending are Plaintiffs' Motion to Remand and Defendants' Motion to Transfer Venue. Implicit in Plaintiffs' motion is also a Motion to Abstain, which if granted, also would support remand. For reasons that follow, Plaintiffs' Motion to Remand is DENIED; Plaintiffs' Motion to Abstain and Defendants' motion are DENIED WITHOUT PREJUDICE; and this action...

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