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BITUMINOUS CAS. CORP. v. MIKE ROSS, INC.

No. Civ.A. 2:04-CV-00088.

413 F.Supp.2d 740 (2006)

BITUMINOUS CASUALTY CORPORATION, Plaintiff, v. MIKE ROSS, INC., Defendant.

United States District Court, N.D. West Virginia, Elkins Division.

February 6, 2006.

Attorney(s) appearing for the Case

Susan K. Dirks, Lacy & Dirks, LC, Charleston, WV, for Plaintiff.

Charles T. Berry, Bowles, Rice, McDavid, Graff & Love PLLC, Morgantown, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court are the plaintiff's motion for summary judgment [Docket 23] and the defendant's motion for summary judgment [Docket 25]. For the reasons explained herein, the court DENIES each motion.

I.

Michael McCartney was burning brush for Mike Ross, Inc.1—the defendant—on February 15, 2002, at a farm on Brushy Fork...

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