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WARD v. BETHENERGY MINES, INC.

Civ. A. No. 2:93-0904.

851 F.Supp. 235 (1994)

James W. WARD, Plaintiff, v. BETHENERGY MINES, INC. and Pen-Wel, Inc., Defendant.

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

May 11, 1994.

Attorney(s) appearing for the Case

William D. Turner and Sandra K. Henson, Crandall, Pyles & Haviland, Charleston, WV, for plaintiff.

Michael D. Foster, Jackson & Kelly, Charleston, WV, for Bethenergy.

James A. McKowen, Hunt, Lees, Farrell & Kessler, Charleston, WV, for Pen-Wel.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Plaintiff's motion to join a necessary party and the cross-motions of the Plaintiff and defendant Bethenergy Mines, Inc. ("Bethenergy") for summary judgment. For reasons following, the Court DENIES the Plaintiff's motion for joinder, GRANTS the Plaintiff's motion for summary judgment, in part, and DENIES Bethenergy's motion for summary judgment...

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