Landmark Corp. v. Apogee Coal Co.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on plaintiffs motions to remand this action to state court and for costs pursuant to 28 U.S.C.A. § 1447(e).

I

In 1993, plaintiff and defendant entered into a contract whereby plaintiff agreed to reclaim mines owned by defendant. Plaintiff hired employees in order to reclaim the mines. Private labor contracts and federal regulations 1 acting in conjunction impose upon plaintiff monetary obligations (“Coal Act obligations”) as a result of employing miners. Specifically, plaintiff is required to make payments in order to…