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FLUHARTY v. PEOPLES BANK, NA

Civil Action No. 3:17-4220.

THOMAS H. FLUHARTY, Trustee of the Chapter 11 Bankruptcy Estates of Dennis Ray Johnson, II (No. 3:16-BK-30227); DJWV2, LLC (No. 3:16-BK-30062); Southern Marine Services, LLC (No. 3:16-BK-30063); Southern Marine Terminal, LLC (No. 3:17-BK-30064); Redbud Dock, LLC (No. 3:16-BK-30398); Green Coal, LLC (No. 3:16-BK-30399); Appalachian Mining & Reclamation, LLC (No. 3:16-BK-30400) Producer's Land, LLC 3:16-BK-30401); Producer's Coal, Inc. (3:16-BK-30402); Joint Venture Development, LLC (No. 3:16-BK-30403), Plaintiffs, v. PEOPLES BANK, NA, PEOPLES INSURANCE AGENCY, LLC, GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, and ZACHARY B. BURKONS, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

April 24, 2018.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Breach of Contract
Nature of Suit: 190 Contract: Other
Source: PACER

Attorney(s) appearing for the Case

Thomas H. Fluharty, Trustee of the Chapter 11 Bankruptcy Estates of & Dennis Ray Johnson, II, Plaintiffs, represented by Joe M. Supple, SUPPLE LAW OFFICE.

DJWV2, LLC, Southern Marine Services, LLC, Southern Marine Terminal, LLC, Redbud Dock, LLC, Green Coal, LLC, Appalachian Mining & Reclamation, LLC, Producer's Land, LLC, Producer's Coal, Inc. & Joint Venture Development, LLC, Plaintiffs, represented by Joe M. Supple, SUPPLE LAW OFFICE & Martin P. Sheehan, SHEEHAN & NUGENT.

Peoples Bank, NA, Defendant, represented by Arch W. Riley, Jr., BERNSTEIN-BURKLEY, John J. Richardson, BERNSTEIN-BURKLEY & Kirk B. Burkley, BERNSTEIN-BURKLEY.

Peoples Insurance Agency, LLC, Defendant, represented by Lawrence E. Morhous, BREWSTER MORHOUS CAMERON ROBERT C. CHAMBERS, Lisa M. Zaring, MONTGOMERY RENNIE & JONSON, pro hac vice & Ralph E. Burnham, MONTGOMERY RENNIE & JONSON.

Great American Insurance Company of New York, Defendant, represented by Carol P. Smith, FROST BROWN TODD & Christopher S. Burnside, FROST BROWN TODD, pro hac vice.

ORDER GRANTING DEFENDANT BURKONS'S MOTION TO DISMISS

Pending before the Court, in addition to a variety of other motions, is Defendant Zachary B. Burkons's ("Receiver Burkons") Motion to Dismiss (ECF No. 16). In that motion, Receiver Burkons argues that Plaintiff's claims against him should be dismissed...

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