Shell Pipe Line Corp. v. Old Ben Coal Co.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

This matter is before the Court on a Motion for Summary Judgment filed by defendant, Old Ben Coal Company (Old Ben). Plaintiff Shell Pipe Line Corporation (Shell) responded to the defendant’s motion and renewed its earlier motion for summary judgment as well. This Court previously granted summary judgment in favor of defendant on a punitive damage count, leaving the statutory damage count as the sole remaining issue. Oral argument was presented by both sides on January 11, 1988.

Factual Summary

Plaintiff Shell Pipe Line Corporation operates and maintains…