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GAUS v. CONSOL, INC.

No. CIV.A.5:00 CV 150.

294 F.Supp.2d 815 (2002)

John W. GAUS and Charlotte Gaus, his wife, Plaintiffs, v. CONSOL, INC., a Delaware corporation DBT American, Inc., a Delaware corporation and Consolidation Coal Company, Defendants.

United States District Court, N.D. West Virginia.

August 13, 2002.

Attorney(s) appearing for the Case

Stephen P. Goodwin, R. Booth Goodwin, II, Carte P. Goodwin, Goodwin & Goodwin, Charleston, WV, for plaintiffs.

James R. Miller, Rodger L. Puz, Dickie, McCamey & Chilcote, Pittsburgh, PA, Scott D. Clements, Dickie, McCamey & Chilcote, Wheeling, WV, Joseph W. Selep, Zimmer Kunz Professional Corp., Pittsburgh, PA, for defendants/cross-claimants/cross-defendants.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION TO EXCEED PAGE LIMIT AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

STAMP, District Judge.

I. Procedural History

The plaintiffs, John W. Gaus and Charlotte Gaus, filed a complaint in the Circuit Court of Ohio County, West Virginia on July 31, 2000 and the case was removed to this Court on August 29, 2000. Removal to this Court was based upon diversity of citizenship...

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