Anderson v. Island Creek Coal Co.

MEMORANDUM OPINION, ORDER AND JUDGMENT

JAMES F. GORDON, District Judge.

This matter comes on before this Court on the motion of the defendant, Island Creek Coal Company, to dismiss the complaint as amended by both the first and second amendments thereto for failure to state a claim upon which relief can be granted. As matters outside of the pleadings (affidavits and depositions) have been considered, this motion will be treated as one for summary judgment and disposed of as provided in Rule 56 of the Federal Rules of Civil Procedure. See Rule 12(b), Federal Rules of Civil Procedure.

Jurisdiction…