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NOWLIN v. EASTERN ASSOCIATED COAL CORP.

No. CIV.A.1:02 CV 51.

331 F.Supp.2d 465 (2004)

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

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

August 12, 2004.

Attorney(s) appearing for the Case

Robert F. Cohen, Jr., Cohen, Abate & Cohen, LC, Morgantown, WV, Counsel for the Plaintiff.

William S. Mattingly, Kathy L. Snyder, Jackson & Kelly PLLC, Morgantown, WV, Counsel for defendant.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

This matter comes before the Court on (1) the motion of the defendant, Eastern Associated Coal Corporation ("Eastern"), to deny relief sought in assessment of a 20% penalty (Docket No. 25) and (2) the motion of plaintiff Gloria D. Nowlin ("Nowlin") for summary judgment (Docket No. 29). These motions are effectively cross-motions for summary judgment on the final remaining issue in this case, whether...

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