Michael et al v. The Estate Of Alex Kovarbasich et al, No. 1:2014cv00212 - Document 97 (N.D.W. Va. 2015)

Court Description: AMENDED MEMORANDUM AND OPINION AND ORDER. The Defendant, Consolidation Coal Company's 68 Motion to Strike the Affidavit and Other Testimony of Lawrence Leroy Layne is DENIED. The remaining portion of 68 to wit: Motion to Strike Plaintiff s' Motion to Amend the Complaint is hereby merged with the Court's decision being rendered in Docket Nos. 64 , 67 and 70 . This Order hereby AMENDS and supersedes the Court's previous 91 Order filed on 9/14/15. Signed by Magistrate Judge John S. Kaull on 9/23/15. (mh)