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WEST VIRGINIA OIL AND NATURAL GAS ASS'N v. WOOTEN

Civil Action No. 2:08-cv-00835.

631 F.Supp.2d 788 (2008)

WEST VIRGINIA OIL AND NATURAL GAS ASSOCIATION, et al., Plaintiffs, v. Ronald L. WOOTEN, et al., Defendants.

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

November 6, 2008.

Attorney(s) appearing for the Case

George A. Patterson, III, Bowles Rice McDavid Graff & Love, Timothy M. Miller, Robinson & McElwee, Charleston, WV, for Plaintiffs.

Barry L. Koerber, Attorney General's Office, Thomas W. Smith, West Virginia Attorney General, Joseph L. Jenkins, Nicholas S. Preservati, Preservati Law Offices, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

There are three motions currently pending before the court: Defendant Wooten's Motion to Dismiss [Docket 8]; Defendant Board of Coal Mine Health and Safety's Motion to Dismiss [Docket 10]; and the plaintiffs' Motion to Amend the Complaint [Docket 28]. I will address each of these motions individually.

I. Background

In October 2007, the Board of Coal Mine Health and Safety ("Board...

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