Bluestone Coal Corporation v. CNX Land Resources, Inc. et al, No. 1:2007cv00549 - Document 233 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND JUDGMENT ORDER: For the reasons expressed in 31 the Court's Memorandum Opinion and Order of 11/16/07, and 45 the Memorandum Opinion and Order of 12/13/07, the Court GRANTS 217 Defendants' MOTION to Dismiss Count II of Plaintiff's Complaint. Signed by Senior Judge David A. Faber on 6/23/2009. (cc: counsel of record) (arb)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD BLUESTONE COAL CORPORATION, Plaintiff, v. CIVIL ACTION NO. 1:07-00549 CNX LAND RESOURCES, INC., and CONSOL ENERGY, INC., Defendants. MEMORANDUM OPINION AND JUDGMENT ORDER Pending before the court is defendants motion to dismiss Count II of plaintiff's complaint (doc. # 217). For the reasons expressed in the court's Memorandum Opinion and Order of November 16, 2007 (doc. # 31), and the Memorandum Opinion and Order of December 13, 2007 (doc. # 45), the motion is GRANTED. The Clerk is directed to send copies of this Memorandum Opinion and Judgment Order to all counsel of record. IT IS SO ORDERED this 23rd day of June, 2009. ENTER: David A. Faber Senior United States District Judge
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