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ENERGY CORP. OF AMERICA v. BITUMINOUS CAS. CORP.

Civil Action No. 2:07-0062.

543 F.Supp.2d 536 (2008)

ENERGY CORPORATION OF AMERICA, a West Virginia corporation; and Eastern American Energy Corporation, a West Virginia corporation, Plaintiffs v. BITUMINOUS CASUALTY CORPORATION, an Illinois corporation, Defendant.

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

February 4, 2008.

Attorney(s) appearing for the Case

Johnny M. Knisely, II, Susan C. Wittemeier, Thomas R. Goodwin, Goodwin & Goodwin, Charleston, WV, for Plaintiffs.

Avrum Levicoff, Brian J. Headley, Levicoff Silko & Deemer, Pittsburgh, PA, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending in this declaratory judgment proceeding is the motion for summary judgment of defendant Bituminous Casualty Corporation ("Bituminous"), filed September 4, 2007, followed by a corrected version, filed September 12, 2007.

I. Factual and Procedural Background

Plaintiff Energy Corporation of America ("Energy") is a West Virginia corporation, primarily engaged...

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