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UNITED MINE WKRS., DIST. 4 v. CYPRUS EMERALD RES.

Civ. A. No. 87-1650.

681 F.Supp. 271 (1988)

UNITED MINE WORKERS OF AMERICA, DISTRICT 4, and Local Union 2258 United Mine Workers of America, Plaintiffs, v. CYPRUS EMERALD RESOURCES CORPORATION t/d/b/a Emerald Mines Company, Defendant.

United States District Court, W.D. Pennsylvania.

March 3, 1988.

Attorney(s) appearing for the Case

James C. Kuhn, III, Melvin P. Stein, Pittsburgh, Pa., for plaintiffs.

Henry Ingram, Thomas C. Reed, Buchanan, Ingersoll, P.C., Pittsburgh, Pa., for defendant.

MEMORANDUM OPINION

COHILL, Chief Judge.

I. BACKGROUND

Presently before us is defendant Cyprus Emerald Resources Corporation's ("Cyprus") motion to dismiss this action on the grounds that (1) this court lacks jurisdiction; (2) the complaint fails to state a claim upon which relief may be granted; and (3) the applicable limitations period for this action has elapsed.

Cyprus installed a computer monitoring and control system ("computer system...

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