Massa v. Peabody Coal Co.

ENTRY

TINDER, District Judge.

This cause comes before the court upon the defendant’s Motion for Partial Summary Judgment. The court having read the memoranda submitted by the parties and being duly advised hereby DENIES defendant’s Motion in its entirety.

Background

Plaintiffs instituted this cause of action seeking damages and injunctive relief alleging violations of the regulations governing blasting and air quality, as well as, common law claims in nuisance, negligence and trespass arising out of defendant, Peabody Coal Company’s, mining and blasting activities at the Universal Mine located in…