1. Home
  2. Browse Decisions
  3. F.Supp.
  4. 919 F.Supp.
  5. 919 F.Supp. 221 (1995)
 

STUMP v. CYPRUS KANAWHA CORP.

Civil Action No. 2:94-0684.

919 F.Supp. 221 (1995)

David STUMP, John Reynolds, John Williams, Rodney Hash, Roger Cox, Ed Johnson, Ron Meredith, Richard Keeney, Tim Cunningham, Ron Nibert, David Lidford, Jr. Powell, Ross Raymond, Scott Jenkins, Phillip McBrayer, Delbert Parker, John Riddle, Phillip Plumley, Paul Shrewsbury, John Buckley, Jim Sampson, Jeff Fry, Brian Gray, Larry Johnson, Charles Estes, Fred Stover, Robert Adkins, Charles Heck, John Lewis, Ernest Lovejoy, Charles Blankenship, Ken Coleman, Daniel Coleman, Richard Kessler, Denver Humphrey, Carl Stone, Walter Asbury, and others similarly situated, the unpaid employees of A & M Trucking, Inc., Plaintiffs, v. CYPRUS KANAWHA CORPORATION; Amax, Inc.; A & M Trucking, Inc.; Elmo Mayes d/b/a E & T Trucking Co.; Anthony (Tony) C. Mayes; Mary Mayes; and Elmo Mayes, Defendants. A & M TRUCKING, INC., Cross and Counter Claimant and Third-Party Plaintiff, v. UNITED MINE WORKERS OF AMERICA; District 17, United Mine Workers of America; Cyprus Kanawha Corporation; Cyprus Amax Minerals Company; the above-named Plaintiffs; and Shelby Leary, Commissioner, West Virginia Division of Labor, Department of Commerce, Labor and Environmental Resources, State of West Virginia, Cross, Counter and Third-Party Defendants.

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

March 31, 1995.

Attorney(s) appearing for the Case

Michael F. Niggemyer, DISTRICT 17, UMWA, Charleston, WV, for plaintiffs.

John F. McCuskey, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Charleston, WV, for defendant Cyprus Kanawha Corp.

John A. Rollins, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, WV, for defendants A & M Trucking, Inc., Anthony C. Mayes and Mary Mayes.

Sarah J. Starrett, UMWA International Union, Washington, DC, Charles F. Donnelly, Hostler Law Office, Charleston, WV, for third party defendant United Mine Workers of America.

Michael F. Niggemyer, DISTRICT 17, UMWA, Charleston, WV, for third-party defendant District 17, United Mine Workers of America.

William S. Steele, Office of Attorney General, Charleston, WV, Darrell V. McGraw, Jr., Attorney General, Office of Attorney General, Charleston, WV, for third party defendant Shelby Leary.

MEMORANDUM OPINION AND ORDER

DENNIS R. KNAPP, District Judge.

This matter is before the Court on Plaintiffs' motion to remand to the Circuit Court of Kanawha County, West Virginia. After reviewing Plaintiffs' motion, the responses and replies, the attachments and exhibits, and arguments of counsel, the Court is of the opinion that Plaintiffs' motion for remand should be granted.

The facts in this case were thoroughly developed by way of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases