Hoops v. Elk Run Coal Co., Inc.

CORRECTED MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant Elk Run Coal Company, Incorporated’s (Elk Run’s) motion for summary judgment. The motion is GRANTED in part and DENIED in part.

I. FACTUAL BACKGROUND

The Plaintiffs worked for Elk Run at various underground mining operations. All were current hourly employees in mid-1998, when the coal reserves at Elk Run’s Twilight Winifrede (TW) Mine neared depletion. Elk Run analyzed its staffing needs at other mines and asserts it did not have a place for the TW employees once that mine closed. Elk Run evaluated all of its hourly…