Legal Opinion
Bragg v. United States
District Court, S.D. West Virginia
Decided February 7, 2011No. Civil Action 2:10-0683Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOHN T. COPENHAVER, JR., District Judge.
Pending is the motion to dismiss of defendant United States of America (“United States”), filed June 25, 2010. The statement of facts set forth in Part I below is taken from the plaintiffs’ complaint.
I
Plaintiffs are representatives of the estates of their respective deceased husbands Don Israel Bragg (“Bragg”) and Ellery Hatfield (“Hatfield”). Bragg and Hatfield were two miners who died during a fire at Aracoma Coal Company’s Alma Mine (“Alma Mine” or “the mine”) on January 19, 2006. {See Compl. ¶¶ 9-41). Bragg and Hatfield…
2Cases cited32 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Lane v. PenaSupreme Court of the United States · 1996
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
- Richmond, Fredericksburg & Potomac Railroad Company v. United StatesCourt of Appeals for the Fourth Circuit · 1991
- David Wayne Evans v. B.F. Perkins CompanyCourt of Appeals for the Fourth Circuit · 1999
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