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ADKINS v. CONSOLIDATION COAL CO.

Civil Action No. 2:11-0285.

856 F.Supp.2d 817 (2012)

Melissa ADKINS, as Administratrix of the Estate of Jessie Reuben Adkins, Plaintiff, v. CONSOLIDATION COAL COMPANY, a foreign corporation, Consol Energy, Inc. a foreign corporation Todd Moore, Richard Marlowe, James Brock, Brent McClain, Wayne Conaway, Joseph Morgan, and Larry Mayle, Defendants.

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

April 13, 2012.

Attorney(s) appearing for the Case

Adam L. McCoy, David A. Sims, Law Offices of David A. Sims, Elkins, WV, Geoffrey N. Fieger, Fieger, Fieger, Kenney, Giroux and Danzig, Southfield, MI, for Plaintiffs.

Deva A. Solomon, John R. Callcott, Steptoe & Johnson, Morgantown, WV, Robert M. Vukas, Canonsburg, PA, Steven P. McGowan, Steptoe & Johnson, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is plaintiff's motion to remand, filed May 23, 2011, and defendants' motion to dismiss, filed May 3, 2011.

Where, as here, a motion to remand and a Rule 12(b)(6) motion to dismiss are both made, it is ordinarily improper to resolve the Rule 12(b)(6) motion before deciding the motion to remand. The question arising on the motion to remand as to whether there has been...

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