HARVEY v. MINGO LOGAN COAL CO.

No. CIV.A. 2:02-1177.

274 F.Supp.2d 791 (2003)

Nathan B. HARVEY, Plaintiff, v. MINGO LOGAN COAL COMPANY, a foreign corporation, Defendant.

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

August 5, 2003.


Attorney(s) appearing for the Case

Henry E. Wood, III, Charleston, for Plaintiff Nathan B. Harvey.

Albert F. Sebok, Charleston, for Defendant Mingo Logan Coal Company.


MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court are: (1) the motion of the plaintiff, Nathan B. Harvey, for leave to file a second amended complaint [Docket 27] and (2) the motion of the defendant, Mingo Logan Coal Company (Mingo), for partial summary judgment [Docket 34]. Federal Rule of Civil Procedure Rule 15(a) permits amendment of a complaint after a responsive pleading has been filed "only by leave of court or...

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