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THOMAS v. BROOKS RUN MIN. CO., LLC

Civil Action No. 1:07-00310.

504 F.Supp.2d 121 (2007)

Tammy THOMAS, Administrator and Personal Representative of the Estate of James D. Thomas, Plaintiff, v. BROOKS RUN MINING COMPANY, LLC, a Limited Liability Corporation, organized under the laws of the State of Delaware, authorized to do business in the State of West Virginia, and Richard F. Baugh, individually, Defendants.

United States District Court, S.D. West Virginia, at Bluefield.

August 15, 2007.

Attorney(s) appearing for the Case

Deborah L. McHenry, Mark R. Staun, Scott S. Segal, The Segal Law Firm, Charleston, WV, Jerome J. McFadden, Law Offices of Jerome J. McFadden, Princeton, WV, for Plaintiff.

Christopher D. Pence, Pamela D. Tarr, Jackson Kelly, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND REMAND ORDER

DAVID A. FABER, District Judge.

Pending before this court are plaintiffs motion to remand (Doc. No. 7) and defendants' motion to dismiss (Doc. No. 4). Having reviewed the record and applicable law, for the reasons outlined below, the court (1) GRANTS plaintiffs motion to remand (Doc. No. 7), (2) REMANDS this case to the Circuit Court of McDowell County, West Virginia, (3) DIRECTS...

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