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CLAY v. CONSOL PENNSYLVANIA COAL CO., LLC

Civil Action No. 5:12CV92.

955 F.Supp.2d 588 (2013)

Tony B. CLAY, Plaintiff, v. CONSOL PENNSYLVANIA COAL COMPANY, LLC, a foreign limited liability company and subsidiary of Consol Energy, Inc., McElroy Coal Company, a foreign corporation and subsidiary of Consol Energy, Inc. and Consol Energy, Inc., a foreign corporation, Defendants.

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

July 3, 2013.

Attorney(s) appearing for the Case

David K. Coleman, Patrick S. Casey, Sandra M. Chapman, Casey, Chapman & Mushet, PLLC, Wheeling, WV, for Plaintiff.

David J. DelFiandra, David E. Renner, Richard J. Cromer, Leech Tishman Fuscaldo & Lampl, LLC, Pittsburgh, PA, William A. Kolibash, Phillips, Gardill, Kaiser & Altmeyer, PLLC, Wheeling, WV, for Defendant.

MEMORANDUM OPINION AND ORDER CONFIRMING PRONOUNCED ORDER OF THE COURT DENYING DEFENDANTS' MOTION TO DISMISS THE ORIGINAL COMPLAINT AS MOOT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT1

FREDERICK P. STAMP, JR., District Judge.

I. Background

On June 21, 2012, the plaintiff, Tony B. Clay, filed a complaint against the defendants, Consol Pennsylvania...

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