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DAVIS v. EAGLE COAL AND DOCK CO.

No. 33054.

640 S.E.2d 81 (2006)

Jerrill DAVIS and Virginia Davis, et al., Plaintiffs v. EAGLE COAL AND DOCK COMPANY, et al., Defendants.

Supreme Court of Appeals of West Virginia.

Decided: December 4, 2006.

Attorney(s) appearing for the Case

Guy R. Bucci, Esq., Timothy C. Bailey, Esq., Dan R. Snuffer, Esq., Bucci, Bailey & Javins, Gregory A. Lofstead, Esq., Richardson, Patrick, Westbrook & Brickman, Charleston, SC, for Plaintiffs.

Michael J. Farrell, Esq., Tamela J. White, Esq., Farrell, Farrell & Farrell, Huntington, for Defendant.

MAYNARD, Justice.

In this case, this Court answers two certified questions from the Circuit Court of Mingo County which we reformulate1 as follows:

1. Are state law negligence, product liability, and breach of warranty claims against manufacturers of roof bolter dust collection systems preempted by the Federal Mine Safety and Health Act, 30 U.S.C. §§ 801, et seq.? 2. Are state law failure to warn claims...

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