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SMERDELL v. CONSOLIDATION COAL CO.

Civ. A. No. 91-0050-C(S).

806 F.Supp. 1278 (1992)

Jean SMERDELL and Joseph Smerdell, Plaintiffs, v. CONSOLIDATION COAL COMPANY, a Delaware corporation, Defendant.

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

April 30, 1992.

Attorney(s) appearing for the Case

Clark B. Frame, Morgantown, W.Va., for plaintiffs.

Stephen P. McGowan, Charleston, W.Va., for defendant.

MEMORANDUM OPINION

STAMP, District Judge.

I. Background

Plaintiff Jean and Joseph Smerdell filed this action in the Circuit Court of Monongalia County, West Virginia on May 7, 1991. Pursuant to 28 U.S.C. § 1446, defendant Consolidation Coal Company ("Consolidation") removed this action to the United States District Court for the Northern District of West Virginia and filed its answer to plaintiffs' complaint on June 6, 1991.

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