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HOWARD v. CUMBERLAND RIVER COAL CO.

Civil No. 11-78-ART.

838 F.Supp.2d 577 (2011)

Charles Scott HOWARD, Plaintiff, v. CUMBERLAND RIVER COAL CO., Defendant.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

December 20, 2011.

Attorney(s) appearing for the Case

James Wesley Addington, Whitesburg, KY, Tony Oppegard, Lexington, KY, for Plaintiff.

Mindy G. Barfield, Dinsmore & Shohl LLP, Lexington, KY, Rebecca L. Springer, Thomas P. Gies, Washington, DC, for Defendant.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

Charles Scott Howard alleges that Cumberland River Coal Company violated Kentucky state law by laying him off in retaliation for reporting Cumberland's unsafe mining practices. But because Howard's claim requires construing and applying the terms of a collective bargaining agreement, it is preempted by the LMRA. Unfortunately for Howard, he brought his claim nearly a year and a half too late...

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