Spry v. Eastern Gas & Fuel Associates

ROSENBERG, District Judge.

This is here on motion of a third-party defendant to quash service and dismiss a third-party complaint against it for failure of jurisdiction in the court over the person of the third-party defendant.

The facts so far as they concern this motion are simple. The plaintiffs, who are employees of Interstate Engineers and Constructors, Inc., a third-party defendant, were dismantling an old cleaning plant of Eastern Gas & Fuel Associates’ Grant Town Mine in Marion County, West Virginia. An explosion occurred which, it is claimed, inflicted severe and possibly permanent…