SIDNEY COAL CO., INC. v. MASSANARI

No. CIV.A.01-76-DCR.

221 F.Supp.2d 755 (2002)

SIDNEY COAL CO., INC., et al., Plaintiffs, v. Larry G. MASSANARI, Defendant, and Michael H. Holland, et. al., Intervenor-Defendants.

United States District Court, E.D. Kentucky, Pikeville Division.

Order Entering Partial Final Judgment September 5, 2002.


Attorney(s) appearing for the Case

H. Kent Hendrickson, Rice & Hendrickson, Harlan, KY, John R. Woodrum, W. Gregory Mott, Heenan, Althen & Roles, Washington, DC, for Sidney Coal Company Inc., Martin County Coal Corporation, New Ridge Mining Company, A.T. Massey Coal Company, Inc., Road Fork Development Company, Inc., Rawl Sales & Processing Co. dba Tall Timber Coal Company dba Big Bottom Coal Company dba PM Charles Coal Company dba Rocky Hollow Coal Company, Tennessee Consolidated Coal Company, Omar Mining Company, Peerless Eagle Coal Co., Inc., Big Bottom Coal Company, PM Charles Coal Company, Rocky Hollow Coal Company, plaintiffs.

Joseph L. Famularo, U.S. Attorney's Office, EDKY, Lexington, KY, Brian G. Kennedy, U.S. Department of Justice, Richard G. Lepley, Stuart E. Schiffer, U.S. Department of Justice, Civil Division, Washington, DC, for Social Security Administration, William A. Halter, Acting Commissioner, defendants.

Linda J. Wallbaum, Kevin R. Winstead, Sales, Tillman & Wallbaum, Louisville, KY, Stephen J. Pollak, John Townsend Rich, Howard R. Rubin, Michele Lee Svonkin, Jeffrey D. Fox, Shea & Gardner, Washington, DC, for Michael H. Holland, Elliot Segal, William P. Hobgood, Marty D. Hudson, Thomas O.S. Rand, Carl E. Van Horn, Gail R. Wilensky, intervenor defendants.


MEMORANDUM OPINION AND ORDER

REEVES, District Judge.

This matter is before the Court for consideration of the Plaintiffs' Motion for Summary Judgment [Record No. 34], Defendant Larry G. Massanari's Motion to Transfer or, in the Alternative, for Summary Judgment [Record No. 48] and the Intervenor-Defendant's Motion for Summary Judgment. [Record No. 53] Because the Court finds that venue is proper in this district, that the statute of limitation did not run...

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