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HOOPS v. ELK RUN COAL CO., INC.

No. CIV. A. 2:99-0188.

95 F.Supp.2d 612 (2000)

Charles B. HOOPS, et al., Plaintiffs, v. ELK RUN COAL COMPANY, INC., Defendant.

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

April 28, 2000.

Attorney(s) appearing for the Case

Roger D. Hunter, Neely and Hunter, Charleston, WV, for Plaintiffs.

Albert F. Sebok, Daniel L. Stickler, Erin Magee Condaras and W. Scott Evans, Jackson & Kelly, Charleston, WV, for Defendant.

CORRECTED MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant Elk Run Coal Company, Incorporated's (Elk Run's) motion for summary judgment. The motion is GRANTED in part and DENIED in part.

I. FACTUAL BACKGROUND

The Plaintiffs worked for Elk Run at various underground mining operations. All were current hourly employees in mid-1998, when the coal reserves at Elk Run's Twilight Winifrede...

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