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CARBON FUEL CO. v. USX CORP.

Civ. A. No. 2:93-1073.

867 F.Supp. 414 (1994)

CARBON FUEL COMPANY, Plaintiff, v. USX CORPORATION, et al., Defendants, Third-Party Plaintiffs, and Counterclaimants, v. CARBON FUEL COMPANY, et al., Third-Party Defendants and Counterdefendants.

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

November 4, 1994.

Attorney(s) appearing for the Case

James K. Brown, Jackson & Kelly, Charleston, WV, Larry L. Roller, Chesapeake, WV, for Carbon Fuel Co.

Charles L. Woody, Paula L. Durst, Spilman, Thomas & Battle, Charleston, WV, J. Michael Jarboe, Jared H. Meyer, USX Corp., Law Dept., Pittsburgh, PA, for USX and U.S. Steel Min. Co., Inc.

Robert B. King, Stephen B. Farmer, King, Allen & Arnold, Charleston, WV, Anthony J. Polito, Polito & Smock, Pittsburgh, PA, for Consolidation Coal.

E. Forrest Jones, Jr., Albertson & Jones, Charleston, WV, Gregory B. Robertson, Matthew J. Calvert, Hunton & Williams, Richmond, VA, for Arch Minerals, Arch Minerals of Ky., and Old Ben Coal Co.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the joint motion to dismiss filed by Third-Party Defendants Arch Mineral Corp., Old Ben Coal Co., and Consolidation Coal Co. The Third-Party Defendants argue the Court does not have jurisdiction over the counterclaim and the joinder of them was improper. Also pending is Plaintiff's motion to sever pursuant to Rule 21, Federal Rules of Civil Procedure. For reasons that follow, the motions...

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