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SUPERIOR POCAHONTAS COAL CO. v. ISLAND CR. COAL CO.

Civ. A. No. 3:86-0798.

657 F.Supp. 796 (1987)

SUPERIOR POCAHONTAS COAL COMPANY, INC., Plaintiff, v. ISLAND CREEK COAL COMPANY and Enoxy Coal, Inc., Defendants.

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

March 16, 1987.

Attorney(s) appearing for the Case

J. Timothy Poore, James M. Robinson, Huntington, W.Va., for plaintiff.

Michael J. Farrell, Barry M. Taylor, Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., for defendants.

ORDER

HADEN, Chief Judge.

Pending in this action are several motions. The Defendant, Island Creek Coal Company (Island Creek), has moved to dismiss. Its co-Defendant, Enoxy Coal, Inc. (Enoxy), has moved for judgment on the pleadings. The Plaintiff, Superior Pocahontas Coal Company, has moved for default judgment and to remand this action to the Circuit Court of Mingo County, West Virginia, from whence it came. Deeming the matter to be a threshold issue,...

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