Kenneth Bevins v. Apogee Coal Company, No. 15-1064 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1064 KENNETH BEVINS; VICTORIA BEVINS, Plaintiffs - Appellants, v. APOGEE COAL COMPANY, LLC, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, District Judge. (2:13-cv-24264) Submitted: February 22, 2016 Decided: March 3, 2016 Before WILKINSON, KING, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Cynthia M. Ranson, J. Michael Ranson, RANSON LAW OFFICES, PLLC, Charleston, West Virginia, for Appellants. William J. Hanna, Eric T. Frye, Keith R. Hoover, FLAHERTY, SENSABAUGH BONASSO PLLC, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth Bevins and Victoria Bevins appeal the district court’s order granting summary judgment in favor of Apogee Coal Company in the Bevins’ action under W. Va. Code Ann. § 23-4-2 (LexisNexis 2010). reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated by the district court. 24264 (S.D. W. Va. Bevins v. Apogee Coal Co., No. 2:13-cv- Dec. 18, 2014). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2

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