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NOWLIN v. EASTERN ASSOCIATED COAL CORP.

No. CIV.A. 1:02CV51.

266 F.Supp.2d 502 (2003)

Gloria L. NOWLIN, Plaintiff, v. EASTERN ASSOCIATED COAL CORP., Defendant.

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

May 13, 2003.

Attorney(s) appearing for the Case

Robert F. Cohen, Jr. Cohen, Abate & Cohen, LC, Morgantown, WV, for Plaintiff Gloria L. Nowlin.

William S. Mattingly, Kathy L. Snyder, Jackson & Kelly PLLC, Morgantown, WV, for Defendant Eastern Associated Coal Corporation.

ORDER

KEELEY, District Judge.

Before the Court is the motion to dismiss of defendant Eastern Associated Coal Corporation. For the reasons that follow, the Court DENIES the defendant's motion.

I.

FACTUAL BACKGROUND

On January 6, 1976, Malcolm Nowlin, a retired coal miner and former employee of defendant Eastern Associated Coal Corporation ("Eastern"), filed a claim for benefits under the Black Lung Benefits Act (the...

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