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CONSOLIDATION COAL COMPANY v. BAILEY

Civ. A. No. 69-11-F.

308 F.Supp. 1251 (1970)

CONSOLIDATION COAL COMPANY, a corporation, Plaintiff, v. Lawrence W. BAILEY, individually and as the representative party of all other persons in the class similarly situate; the Township of Perry, Greene County, Pennsylvania; Herman R. Kiger, E. D. Lemley and L. Carl Phillips, as supervisors constituting the Board of Supervisors of said Perry Township; Estella John, as Tax Collector of said Perry Township; and Don Wilkinson, as Income Tax Administrator, for said Perry Township, Defendants.

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

February 5, 1970.

Attorney(s) appearing for the Case

Albert M. Morgan and Hale J. Posten, Morgantown, W. Va., for plaintiff.

Don J. Eddy, Morgantown, W. Va., for Lawrence W. Bailey, etc.

John I. Hook, Jr., Hook & Hook, Waynesburg, Pa., for Perry Tp., Herman R. Kiger, E. D. Lemley, L. Carl Phillips, Estella John and Don Wilkinson.

CHRISTIE, District Judge:

MEMORANDUM

By this action the plaintiff asks this Court to determine which one of two contesting parties defendants (Perry Township or a class of plaintiff's employees) is entitled to a fund of money that is now in its possession and control. The defendant, Perry Township, of Greene County, Pennsylvania, has moved the Court to dismiss the complaint and the action upon the ground that it fails to state a claim upon which relief can...

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