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

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

270 B.R. 654 (2001)

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., Performance Coal Company, and Massey Coal Sales Company, Inc., Defendants.

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

June 4, 2001.

Attorney(s) appearing for the Case

Bruce A. Americus, David B. Fawcett, III, Anthony J. Guida, Jr., Frank B. Harrington, Buchanan Ingersoll, Pittsburgh, PA, Robert V. Berthold, Jr., Berthold, Tiano & O'Dell, Charleston, WV, Bruce E. Stanley, Reed, Smith, Shaw, & McClay, Pittsburgh, PA, for plaintiffs.

Jeff A. Woods, Penny R. Warren, Julie M. O'Daniel, Mary L. Fullington, Wyatt, Tarrant & Combs, Lexington, KY, Richard N. Farmer, Charleston, WV, for defendants.

MEMORANDUM OPINION AND REMAND ORDER

HADEN, Chief Judge.

I. INTRODUCTION

Pending are Plaintiffs' renewed motions for abstention and remand and Defendants' motion to transfer venue.1 For reasons that follow, Plaintiffs' motions for abstention and remand are GRANTED and Defendants' motion to transfer venue is DENIED as moot.

II. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs...

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