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EASTERN ASSOCIATED COAL CORP. v. MASSEY

Nos. 03-1991, 03-2012.

373 F.3d 530 (2004)

EASTERN ASSOCIATED COAL CORPORATION, Plaintiff-Appellee, v. Gary D. MASSEY, Defendant-Appellant. United Mine Workers of America, Amicus Curiae supporting Appellant. Eastern Associated Coal Corporation, Plaintiff-Appellant, v. Gary D. Massey, Defendant-Appellee. United Mine Workers of America, Amicus Curiae supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 2, 2004.

Attorney(s) appearing for the Case

Roger Daniel Forman, Forman & Huber, L.C., Charleston, West Virginia, for Appellant/Cross-appellee Gary D. Massey.

Charles David Morrison, Steptoe & Johnson, Clarksburg, West Virginia, for Appellee/Cross-appellant Eastern Associated Coal Corporation.

Rodney L. Bean, Jill O. Florio, Steptoe & Johnson, Clarksburg, West Virginia, for Appellee/Cross-appellant Eastern Associated Coal Corporation.

Bradley J. Pyles, Crandall, Pyles, Haviland & Turner, Logan, West Virginia, for Amicus Curiae United Mine Workers of America.

Before WILKINSON, LUTTIG, and SHEDD, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge LUTTIG and Judge SHEDD joined.

OPINION

WILKINSON, Circuit Judge.

Appellant Gary D. Massey filed a complaint in West Virginia state court against his employer, appellee Eastern Associated Coal Corporation, after Eastern terminated him in April 2001. Massey alleged workers' compensation discrimination in violation of the West Virginia...

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