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BIEGER v. CONSOLIDATION COAL CO.

Civ. A. No. 84-0188-A.

650 F.Supp. 1290 (1986)

Daniel R. BIEGER, Administrator, etc., Plaintiff, v. CONSOLIDATION COAL CO., Defendant and Third-Party Plaintiff, v. COWIN AND CO., INC., Third-Party Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

December 2, 1986.

Attorney(s) appearing for the Case

Robert T. Copeland, Abingdon, Va., for plaintiff.

W.B. Wilcox, Salt Lake City, Utah, W. Wade Massie, Abingdon, Va., C. Adrian White, Bristol, Va., for defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case is before the court on defendant's motion for summary judgment as to both the plaintiff and the third-party defendant. Jurisdiction is based on diversity of citizenship and arises out of a freak accident that occurred when plaintiff's decedent, Horn, was employed by and working for the third-party defendant, Cowin and Company, Inc. ("Cowin"). At that time Cowin was constructing a ventilation...

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