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  5. 230 F.Supp.2d 716 (2002)
 

MIKE ROSS, INC. v. DANTE COAL CO.

No. CIV.A. 202CV3.

230 F.Supp.2d 716 (2002)

MIKE ROSS, INC., Plaintiff, v. DANTE COAL COMPANY, Defendant.

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

September 25, 2002.

Attorney(s) appearing for the Case

William R. Wooton, Roslyn C. Payne, Beckley, WV, for Plaintiff.

Richard J. Bolen, Melissa Dodd Veltri, Marvin Capehart, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, for Defendant.

ORDER GRANTING SUMMARY JUDGMENT TO DANTE COAL COMPANY

KEELEY, Chief Judge.

I.

PROCEDURAL HISTORY

This action was originally filed in the Circuit Court of Barbour County, West Virginia, in early 2002 by plaintiff Mike Ross, Inc. ("Ross") against defendant Dante Coal Company ("Dante"). Ross is the successor in interest to S.M. Kaemmerling ("Kaemmerling"), lessor, and Dante is the successor in interest to Badger Coal Company ("Badger"),...

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