Legal Opinion
Clay v. Consol Pennsylvania Coal Co.
District Court, N.D. West Virginia
Decided July 3, 2013No. Civil Action No. 5:12CV92PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER CONFIRMING PRONOUNCED ORDER OF THE COURT DENYING DEFENDANTS’ MOTION TO DISMISS THE ORIGINAL COMPLAINT AS MOOT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT1
FREDERICK P. STAMP, JR., District Judge.
I. Background
On June 21, 2012, the plaintiff, Tony B. Clay, filed a complaint against the defendants, Consol Pennsylvania Coal Company, LLC (“Consol PA”), McElroy Coal Company (“McElroy”), and CONSOL Energy, Inc. (“CONSOL”). The plaintiffs complaint contains nine separate counts. In his complaint, the plaintiff…
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