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MASSEY ENERGY v. WEST VIRGINIA CONSUMERS

No. 1:06CV986 (JCC).

351 B.R. 348 (2006)

MASSEY ENERGY CO. and Don Blankenship, Plaintiffs, v. WEST VIRGINIA CONSUMERS FOR JUSTICE and Kenneth Perdue, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

September 26, 2006.

Attorney(s) appearing for the Case

Benjamin G. Chew, Patton Boggs LLP, Washington, DC, for Plaintiffs.

Rachel Rose Shanahan, Williams & Connolly LLP, Washington, DC, for Defendants.

MEMORANDUM OPINION

CACHERIS, District Judge.

This matter is before the Court on Plaintiffs' Motion to Abstain and Remand to Virginia state court and Defendant's Motion to Transfer to the Southern District of West Virginia. For the following reasons, the Court will grant the Plaintiffs' Motion to Abstain and Remand, and accordingly, will deny Defendant's Motion to Transfer.

I. Background

Plaintiff Massey Energy Company ("Massey")...

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