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OHIO VALLEY ENVIRONMENTAL COALITION, INC. v. APOGEE COAL CO.

Civil Action No. 3:07-0413.

531 F.Supp.2d 747 (2008)

OHIO VALLEY ENVIRONMENTAL COALITION, INC., and West Virginia Highlands Conservancy, Inc., Plaintiffs, v. APOGEE COAL COMPANY, LLC, and Hobet Mining, LLC, Defendants.

United States District Court, S.D. West Virginia; Huntington Division.

January 24, 2008.

Attorney(s) appearing for the Case

Derek O. Teaney, Joseph Mark Lovett, Lewisburg, WV, for Plaintiffs.

Blair M. Gardner, L. Jill McIntyre, Robert G. McLusky, Jackson Kelly, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before this Court is Defendant's Motion to Dismiss (Doc. 24) and a Supplemental Motion to Dismiss Hobet Mining, LLC for Lack of Subject Matter Jurisdiction (Doc. 38). A hearing was held on these motions, January 7, 2007. For the reasons explained below, the Motion to Dismiss (Doc. 24) is DENIED; the Supplemental Motion to Dismiss (Doc 38) is DENIED without prejudice...

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