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JOHNS HOPKINS HOSP. v. PEABODY COAL CO.

Civil A. No. 92-64.

920 F.Supp. 738 (1996)

The JOHNS HOPKINS HOSPITAL, Plaintiff, v. PEABODY COAL COMPANY and Peabody Development Company, Defendants.

United States District Court, W.D. Kentucky, Owensboro Division.

March 21, 1996.

Attorney(s) appearing for the Case

George E. Stigger, III, Cubbage & Stigger, Henderson, KY, George A. Barton, and Scott K. Martinsen, Watson & Marshall, Kansas City, MO, for plaintiff.

W. Stanley Walch, Thompson & Mitchell, St. Louis, MO and Winfrey P. Blackburn, Jr., Blackburn, Hundley & Domene, Louisville, KY, for defendants.

MEMORANDUM OPINION AND ORDER

COFFMAN, District Judge.

This matter is before the Court upon the motion of the defendants, Peabody Coal Company and Peabody Development Company (collectively "Peabody"), for summary judgment on Counts II and III of plaintiff's second amended complaint [Record No. 110]; motion of Peabody for summary judgment on Counts II and III of the plaintiff's third amended complaint [Record No. 178]; motion of Peabody for summary judgment...

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