HORTON v. MURRAY ENERGY CORPORATION

Case No. 2:11-cv-1147-DN.

MITCH HORTON, Plaintiff, v. MURRAY ENERGY CORPORATION, an Ohio corporation; UTAH AMERICAN ENERGY, INC., a Utah corporation; ANDALEX RESOURCES, INC., a Delaware corporation; AGAPITO ASSOCIATES, INC., a Colorado corporation; MIKE HEWLETT as General Manager of INTERMOUNTAIN POWER AGENCY, a political subdivision of the State of Utah; 10 unknown persons working for or under the authority of INTERMOUNTAIN POWER AGENCY; LOS ANGELES DEPARTMENT OF WATER AND POWER, a political subdivision of the State of California; 10 unknown persons working for or under the authority of LOS ANGELES DEPARTMENT OF WATER AND POWER; GENWAL RESOURCES, INC., an Ohio corporation; and JOHN DOES 1-10, Defendants.

United States District Court, D. Utah, Central Division.

August 6, 2013.


Attorney(s) appearing for the Case

Mitch Horton, Plaintiff, represented by Dusten L. Heugly , HEIDEMAN MCKAY & HEUGLY PLLC, Daniel Wayne McKay , HEIDEMAN MCKAY & HEUGLY PLLC & Sonny J. Olsen , AXIOM LEGAL.

Murray Energy, Defendant, represented by Kevin N. Anderson , FABIAN & CLENDENIN & Jason W. Hardin , FABIAN & CLENDENIN.

UtahAmerican Energy, Defendant, represented by Kevin N. Anderson , FABIAN & CLENDENIN & Jason W. Hardin , FABIAN & CLENDENIN.

Andalex Resources, Defendant, represented by Kevin N. Anderson , FABIAN & CLENDENIN & Jason W. Hardin , FABIAN & CLENDENIN.

Agapito Associates, Defendant, represented by Dale J Lambert , CHRISTENSEN & JENSEN PC, Kevin N. Anderson , FABIAN & CLENDENIN & Sarah E. Spencer , CHRISTENSEN & JENSEN PC.

Intermountain Power Agency, Defendant, represented by Jason W. Hardin , FABIAN & CLENDENIN & Kevin N. Anderson , FABIAN & CLENDENIN.

Los Angeles Department of Water and Power, Defendant, represented by Jason W. Hardin , FABIAN & CLENDENIN & Kevin N. Anderson , FABIAN & CLENDENIN.

Genwal Resources, Defendant, represented by Kevin N. Anderson , FABIAN & CLENDENIN & Jason W. Hardin , FABIAN & CLENDENIN.


MEMORANDUM DECISION AND ORDER DISMISSING PLAINTIFF'S 42 U.S.C. 1983 CLAIMS AND REMANDING TO STATE COURT

DAVID NUFFER, District Judge.

Before the court are:

• Intermountain Power Agency's ("IPA"), the General Manager of IPA, James Hewlett's, and Los Angeles Department of Water and Power's ("LADWP") (collectively the "IPA Defendants") motion to dismiss;1 • Murray Energy Corporation's ("MEC"), UtahAmerican...

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