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COMBS v. ELKAY MIN. CO.

Civil Action No. 2:11-cv-00794.

881 F.Supp.2d 728 (2012)

Shelia R. COMBS, et al., Plaintiffs, v. ELKAY MINING COMPANY, Defendant.

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

August 8, 2012.

Attorney(s) appearing for the Case

John C. Cline , Piney View, WV, Leonard J. Stayton , Inez, KY, for Plaintiffs.

Charles J. Crooks , Francesca Tan , Jeffrey R. Soukup , Kathy L. Snyder , Jackson Kelly, Morgantown, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court are Elkay Mining Company's Motion to Dismiss [Docket 7] and Elkay Mining Company's Motions for Leave to File Newly-Acquired Authority [Dockets 16 and 21]. For the reasons discussed below, the Motions for Leave to File Newly-Acquired Authority are GRANTED and the motion to dismiss is DENIED.

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