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CITIZENS COAL COUNCIL v. EMERALD COAL RESOURCES, LP

Civil Action No. 13-003.

CITIZENS COAL COUNCIL, Plaintiff, v. EMERALD COAL RESOURCES, LP; FOUNDATION COAL CORP.; and ALPHA NATURAL RESOURCES, INC. Defendants.

United States District Court, W.D. Pennsylvania.

June 10, 2013.

Attorney(s) appearing for the Case

CITIZENS COAL COUNCIL, Plaintiff, represented by Michael D. Fiorentino, Law Office of Michael D. Fiorentino.

EMERALD COAL RESOURCES, L.P., Defendant, represented by Blair M. Gardner, Jackson Kelly PLLC & Michael P. Leahey, Jackson Kelly PLLC.

FOUNDATION COAL CORPORATION, Defendant, represented by Blair M. Gardner, Jackson Kelly PLLC & Michael P. Leahey, Jackson Kelly PLLC.

ALPHA NATURAL RESOURCES, INC., Defendant, represented by Blair M. Gardner, Jackson Kelly PLLC & Michael P. Leahey, Jackson Kelly PLLC.

REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS ECF No. 4

LISA PUPO LENIHAN, Chief Magistrate Judge.

I. RECOMMENDATION

Presently pending is Defendants' Motion to Dismiss, ECF No. 4. It is respectfully recommended that in the interest of judicial efficiency said Motion to Dismiss be denied without prejudice in light of this Court's determination that the additional factual...

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