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BIEGER v. CONSOLIDATION COAL CO.

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

650 F.Supp. 1294 (1987)

Daniel R. BIEGER, Adm'r, etc., Plaintiff, v. CONSOLIDATION COAL CO., Defendant and Third-Party Plaintiff, v. COWIN & CO., INC., Third-Party Defendant.

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

January 20, 1987.

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 defendant and third-party plaintiff.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case is before the court on cross-motions for summary judgment as to Consolidation Coal Company's third-party complaint.

The underlying facts are as follows. Consolidation Coal Company ("Consol") was developing a mine in southwestern Virginia and had contracted with Cowin and Company ("Cowin") to construct a ventilation shaft for the above-mentioned mine. Their contract provided that Cowin...

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