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MUFFLEY EX REL. N.L.R.B. v. MASSEY ENERGY CO.

Civil Action No. 2:08-cv-00073.

547 F.Supp.2d 536 (2008)

Gary W. MUFFLEY, Regional Director of the Ninth Region of the NATIONAL LABOR RELATIONS BOARD, for and on behalf of the National Labor Relations Board, Petitioner, v. MASSEY ENERGY COMPANY, et al., Respondents.

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

April 14, 2008.

Attorney(s) appearing for the Case

Carol L. Shore, Donald A. Becher, Jonathan D. Duffey, National Labor Relations Board, Region 9, Cincinnati, OH, Kelly R. Curry, U.S. Attorney's Office, Charleston, WV, for Petitioner.

Albert F. Sebok, Brian J. Moore, Jackson Kelly, Anna M. Dailey, Brace R. Mullett, Forrest H. Roles, Mychal Sommer Schulz, Dinsmore & Shohl, Charles F. Donnelly, Charleston, WV, Jennifer S. Rusie, Richard R. Parker, Ogletree Deakins Nash Smoak & Stewart, Nashville, TN, Grant Crandall, UMWA Headquarters, Fairfax, VA, for Respondents.

MEMORANDUM OPINION & ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court are the respondents' Motions to Dismiss Petition for Injunction under Section 10(j) of the National Labor Relations Act [Dockets 26 & 30]. The respondents argue that the petition for an interim injunction should be dismissed on two independent grounds. First, the respondents urge dismissal because the petitioner lacks the legal authority to bring the petition on behalf...

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