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SIERRA CLUB v. ICG EASTERN, LLC

Civil Action No. 2:11-CV-23.

833 F.Supp.2d 571 (2011)

SIERRA CLUB, et al., Plaintiffs, v. ICG EASTERN, LLC, Defendant.

United States District Court, N.D. West Virginia, Elkins.

June 29, 2011.

Attorney(s) appearing for the Case

Derek O. Teaney, Lewisburg, WV, for Plaintiffs.

James S. Crockett, Jr., Spilman Thomas & Battle PLLC, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN PRESTON BAILEY, District Judge.

Currently pending before this Court is Defendant ICG Eastern, LLC's ("ICG") Motion to Dismiss [Doc. 6], filed April 25, 2011. The plaintiff responded to the Motion to Dismiss on May 12, 2011 [Doc. 9], and the defendant replied on May 23, 2011 [Doc. 10]. The Court has reviewed the record and the arguments set forth by the parties and, for the reasons set forth below, concludes that the...

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