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METZLER v. TACKETT & MANNING COAL CORP.

Civil Action No. 95-150.

958 F.Supp. 307 (1997)

Cynthia A. METZLER, Acting Secretary of Labor, United States Department of Labor, et al., Plaintiffs, v. TACKETT & MANNING COAL CORPORATION, et al., Defendants.

United States District Court, E.D. Kentucky.

March 28, 1997.

Attorney(s) appearing for the Case

Ralph D. York, Thomas A. Grooms, Office of the Solicitor U.S. Department of Labor, Nashville, TN, Thomas S. Williamson, U.S. Department of Labor, Office of the Solicitor, Washington, DC, Jaylynn K. Fortney, U.S. Department of Labor, Office of the Solicitor, Atlanta, GA, for United States of America, plaintiff.

Richard M. Hopgood, Brown, Todd & Heyburn, Lexington, KY, for defendants.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

The defendants have moved the Court for judgment on the pleadings [Record No. 24]. The plaintiffs have responded [Record No. 38]. The plaintiffs have also moved the Court for summary judgment [Record No. 39]. The defendants have responded [Record No. 42].

The Court being advised, these matters are ripe for decision. Having reviewed the record and the memoranda submitted by the parties, the...

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