Burton v. Drummond Co.

R. DAVID PROCTOR, UNITED STATES DISTRICT JUDGE

This matter is before the court on Defendant's Motion to Dismiss. (Doc. # 5). The Motion requires the court to decide whether it has subject matter jurisdiction over Plaintiff's claim and, if so, whether Plaintiff has stated a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(1), 12(b)(6). The court concludes the answer to both is yes. Thus, as more fully explained below, Defendant's Motion to Dismiss is due to be denied.

I. Factual and Procedural Background

Plaintiff Verby Burton is the widow of a deceased coal miner, Allan Burton,…