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MOLINARY v. POWELL MOUNTAIN COAL CO., INC.

No. CIV.A. 91-0007-B.

76 F.Supp.2d 695 (1999)

Jo D. MOLINARY, Trustee of the Susan Pruitt Cloud Land Trust, Plaintiff, v. POWELL MOUNTAIN COAL COMPANY, INC., doing business as Wax-Coal Company, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

September 21, 1999.

Attorney(s) appearing for the Case

Daniel Robert Bieger, Copeland, Molinary & Bieger, P.C., Abingdon, VA, Walton Davis Morris, Jr., Charlottesville, VA, for Jo D. Molinary, Trustee of the Susan Pruitt Cloud Land Trust, plaintiffs.

Timothy Ward Gresham, Penn, Stuart & Eskridge, Abingdon, VA, Stephen M. Hodges, Penn, Stuart & Eskridge, Abingdon, VA, for Powell Mountain Coal Company, Inc. dba Wax Coal Company, defendant.

MEMORANDUM OPINION

WILSON, Chief Judge.

This matter is before the court on a motion by plaintiff Jo D. Molinary ("Molinary") for relief from final judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. Molinary requests that the court reopen three claims which this court disposed of in a Final Order entered February 7, 1996. For reasons stated below, the court denies Molinary's motion.

I.

This lawsuit originated...

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