Nighbert Land Company v. Consol of Kentucky, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION NIGHBERT LAND COMPANY, Plaintiff, v. CIVIL ACTION NO. 2:19-cv-00435 CONSOL OF KENTUCKY, LLC, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the Court is Defendant and Cross-Claimant CONSOL of Kentucky LLC’s (“Consol”) Motion for Judgment on the Pleadings, (ECF No. 37), and Third-Party Defendant James Booth’s Cross Motion for Judgment on the Pleadings. (ECF No. 42.) For the reasons discussed more fully below, the motions are DENIED. I. BACKGROUND This action arises from the…