Castle et al v. 3M Company et al
| Robert Castle, Milton Marcum and James McCoy |
| 3M Company, Mine Safety Appliances Company, LLC, Minnesota Mining and Manufacturing Company, American Optical Corporation, Mine Safety Appliances Company, Mine Service Company, Inc. and Kentucky Mine Supply Company |
| Amber Coal Company, Inc., Pontiki Coal, LLC, Old McDonald Coal Company, Jaymar Mining, Inc., Big Walnut Coal Company, Inc., Mate Creek Development, Inc., KTK Mining & Construction Company, Inc., Preparation Plant Maintenance, Inc., Big Hickory Mining Company, Inc., Aero Energy, Inc., Martin County Coal Corporation, Sidney Coal Company, Inc., Eagle Coal Company, Inc. and Beech Fork Processing, Inc. |
| 7:2022cv00014 |
| March 4, 2022 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Hanly A Ingram |
| Robert E Wier |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 36
ORDER: Third-Party Dfts Martin County Coal, LLC, and Sidney Coal Company, LLC, moved to extend deadline to file an answer to third-party complaint. #22 . Third-Party Dfts filed their answer on April 8, 2022. #31 . Accordingly, IT IS HEREBY ORDERED THAT the motion is DENIED AS MOOT. Signed by Magistrate Judge Hanly A. Ingram on 5/2/2022. (RCB)cc: COR
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Filing 35
ORDER: Plfs, through counsel, have moved to admit James R. Moncus, III, to appear pro hac vice. #32 . Court HEREBY GRANTS motion #32 . Signed by Magistrate Judge Hanly A. Ingram on 5/2/2022. (RCB) cc: COR
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Filing 34
ORDER: Plfs, through counsel, have moved to admit Scott A. Powell to appear pro hac vice. #26 . Court HEREBY GRANTS motion #26 . Signed by Magistrate Judge Hanly A. Ingram on 5/2/2022. (RCB) cc: COR
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Scott A. Powell: re #34 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Scott A. Powell (RCB)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to James R. Moncus, III: re #35 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to James R. Moncus, III (RCB)
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Filing 33
FRCP 7.1 DISCLOSURE STATEMENT by Martin County Coal Corporation, Sidney Coal Company, Inc. identifying Corporate Parent Alpha Metallurgical Resources, Inc. for Martin County Coal Corporation, Sidney Coal Company, Inc... (Hoskins, Christopher)
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Filing 32
MOTION for James R. Moncus, III to Appear Pro Hac Vice by Milton Marcum ( Filing fee $125; receipt number AKYEDC-5239960)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit AL Certificate of Good Standing, #2 Proposed Order Proposed Order)(Vines, Brian)
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BAR STATUS Check completed as to James R. Moncus, III re #32 MOTION for James R. Moncus, III, to Appear Pro Hac Vice by Milton Marcum (Filing fee $125; receipt number AKYEDC-5239960). (RCB)
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #32 MOTION for James R. Moncus, III, to Appear Pro Hac Vice by Milton Marcum (Filing fee $125; receipt number AKYEDC-5239960) (RCB)
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Filing 31
ANSWER to Third Party Complaint,, by Martin County Coal Corporation, Sidney Coal Company, Inc..(Hoskins, Christopher)
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Filing 30
REPLY to Response to Motion re #7 MOTION to Remand to State Court by Robert Castle, Milton Marcum, James McCoy filed by Robert Castle, Milton Marcum, James McCoy. (Attachments: #1 Exhibit 1 - Order Denying Def 3M MSJ re Bowen, #2 Exhibit 2 - Order Denying Def 3M MSJ re Salmons, #3 Exhibit 3 - Overbee verdict form, #4 Exhibit 4 - Couch verdict form, #5 Exhibit 5 - Couch Trial Transcript excerpt, #6 Exhibit 6 - Docket, Pacific Empl Ins, #7 Exhibit 7 - 3M 3rd Party Complaint re M Marcum)(Vines, Brian)
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Filing 29
ANSWER to Third Party Complaint,, by Pontiki Coal, LLC.(Kilpatrick, Melanie)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #7 MOTION to Remand to State Court by Robert Castle, Milton Marcum, James McCoy (RCB)
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Filing 28
FRCP 7.1 DISCLOSURE STATEMENT by Beech Fork Processing, Inc., Eagle Coal Company, Inc. identifying Corporate Parent Beech Fork Holding Company, Inc. for Beech Fork Processing, Inc.; Corporate Parent Eagle Holding Company, Inc. for Eagle Coal Company, Inc... (Frye, Eric)
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Filing 27
RESPONSE in Opposition re #7 MOTION to Remand to State Court by Robert Castle, Milton Marcum, James McCoy HEARING REQUESTED filed by 3M Company. (Attachments: #1 Exhibit Ex 1A John Anderson, #2 Exhibit Ex 1B Don Tackett, #3 Exhibit Ex 1C Roger Bogar, #4 Exhibit Ex 2 Answers to Interrogatories, #5 Exhibit Ex 3 Supplemental Ans to Interrogatories, #6 Exhibit Ex 4 Excerpts from Castle, #7 Proposed Order Proposed Order Denying Motion)(Miller, Byron) Modified text on 3/30/2022 (RCB).
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Filing 26
MOTION for Scott A. Powell to Appear Pro Hac Vice by Robert Castle, Milton Marcum, James McCoy ( Filing fee $125; receipt number AKYEDC-5229006)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Exhibit A - AL Bar Association Certificate of Good Standing, Scott Ashley Powell, #2 Proposed Order Proposed Order)(Vines, Brian)
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Filing 25
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Christopher Hoskins. #22 UNOPPOSED MOTION for Extension of Time by Martin County Coal Corporation, Sidney Coal Company, Inc. TO RESPOND TO THIRD-PARTY COMPLAINT has been filed by Martin County Coal Corporation, Sidney Coal Company, without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RCB)
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Filing 24
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Eric Frye. #21 Answer to Third Party Complaint has been filed by Beech Fork Processing, Inc., Eagle Coal Company, Inc., without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RCB)
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BAR STATUS Check completed as to Scott A. Powell re #26 MOTION for Scott A. Powell to Appear Pro Hac Vice by Robert Castle, Milton Marcum, James McCoy (Filing fee $125; receipt number AKYEDC-5229006). (RCB)
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #26 MOTION for Scott A. Powell to Appear Pro Hac Vice by Robert Castle, Milton Marcum, James McCoy (Filing fee $125; receipt number AKYEDC-5229006) (RCB)
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NOTICE OF DOCKET MODIFICATION TO Christopher Hoskins re #23 Proposed Order by Martin County Coal Corporation, Sidney Coal Company, Inc.; Error: the proposed order #23 was incorrectly filed as a separate entry using the event "[proposed agreed order]." Entry by attorney; Clerk modified the docket text of #23 to state "PROPOSED ORDER;" clerk attached the proposed order to the Motion for Extension of Time #22 ; In the future, file the proposed order as an attachment to the motion instead of making a separate entry. No further action required by counsel. cc: COR (RCB)
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #22 UNOPPOSED MOTION for Extension of Time by Martin County Coal Corporation, Sidney Coal Company, Inc. TO RESPOND TO THIRD-PARTY COMPLAINT (RCB)
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Filing 23
PROPOSED ORDER Granting Motion for Extension of Time to Respond to Third-Party Complaint re #22 by Martin County Coal Corporation, Sidney Coal Company, Inc. (Hoskins, Christopher) Modified text, termed motion, create link on 3/29/2022 (RCB).
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Filing 22
UNOPPOSED MOTION for Extension of Time by Martin County Coal Corporation, Sidney Coal Company, Inc. TO RESPOND TO THIRD-PARTY COMPLAINT Motions referred to Hanly A. Ingram. (Hoskins, Christopher) (Additional attachment(s) added on 3/29/2022: #1 Proposed Order) (RCB). Modified text on 3/29/2022 (RCB).
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Filing 21
ANSWER to Third Party Complaint,, by Beech Fork Processing, Inc., Eagle Coal Company, Inc..(Frye, Eric)
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Filing 20
ORDER re #18 : Pontiki Coal, LLC's deadline to answer or otherwise respond to the Third-Party Complaint is extended to April 8, 2022. Signed by Magistrate Judge Hanly A. Ingram on 3/17/2022. (TDA) cc: COR
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Filing 19
FRCP 7.1 DISCLOSURE STATEMENT by Pontiki Coal, LLC (RCB)
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Filing 18
UNOPPOSED MOTION for Extension of Time to File Answer by Pontiki Coal, LLC Motions referred to Hanly A. Ingram. (Attachments: #1 Corporate Disclosure, #2 Proposed Order Granting Extension of Time)(Kilpatrick, Melanie) Modified text on 3/16/2022 (RCB).
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #18 UNOPPOSED MOTION for Extension of Time to File Answer by Pontiki Coal, LLC (RCB)
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***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: #17 Notice of Filing re #9 Order (RCB)
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Filing 17
NOTICE OF FILING by American Optical Corporation re #9 Order,, (Attachments: #1 Exhibit 1 - Milton Marcum Agreed Order of Dismissal for AO, #2 Exhibit 2 - Robert Castle Agreed Order of Dismissal for AO, #3 Exhibit 3 - James McCoy Agreed Order of Dismissal for AO)(Startsman, Emily)
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Filing 16
REPLY to Response to Motion re #8 MOTION to Expedite by Robert Castle, Milton Marcum, James McCoy requesting to expedite the briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion; filed by Robert Castle, Milton Marcum, James McCoy. (Vines, Brian)
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Filing 15
NOTICE TO ATTORNEY James R. Moncus, III, by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 LR 83.1 Attorney Admission Packet, #2 LR 83.2)(RCB)
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Filing 14
NOTICE TO ATTORNEY Tempe D. Smith by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 LR 83.1 Attorney Admission Packet, #2 LR 83.2)(RCB)
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Filing 13
NOTICE TO ATTORNEY Christopher S. Randolph, Jr. by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 LR 83.1 Attorney Admission Packet, #2 LR 83.2)(RCB)
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Filing 12
NOTICE TO ATTORNEY Scott A. Powell by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 LR 83.1 Attorney Admission Packet, #2 LR 83.2)(RCB)
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Filing 11
NOTICE TO ATTORNEY Jason Earley by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 LR 83.1 Attorney Admission Packet, #2 LR 83.2)(RCB)
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Filing 10
RESPONSE to Motion re #8 MOTION to Expedite by Robert Castle, Milton Marcum, James McCoy requesting to expedite the briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion; filed by 3M Company. (Attachments: #1 Exhibit Ex 1 Emails, #2 Exhibit Ex 2 Excerpts of M Marcum Depo, #3 Proposed Order Proposed Order)(Miller, Byron)
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #8 MOTION to Expedite by Robert Castle, Milton Marcum, James McCoy requesting to expedite the briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion; (RCB)
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Filing 9
ORDER: IT IS HEREBY ORDERED that, on or before March 14, 2022, counsel for American Optical Corporation SHALL file a notice in record describing whether any attorney with Stites & Harbison is continuing to work on this matter. This notice SHALL include a description of whether American Optical has any continuing involvement or participation in this case and, if so, whether Stites & Harbison represents American Optical concerning that involvement or participation. Signed by Magistrate Judge Hanly A. Ingram on 3/9/2022. (RCB)cc: COR
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Filing 8
MOTION to Expedite by Robert Castle, Milton Marcum, James McCoy requesting to expedite the briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion; Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Vines, Brian)
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Filing 7
MOTION to Remand to State Court by Robert Castle, Milton Marcum, James McCoy (Attachments: #1 Exhibit 1, Plaintiffs' Complaint, #2 Exhibit 2, Plaintiffs' Response to 3M Motion for leave to file 3rd Party Complaint, #3 Proposed Order Proposed Order)(Vines, Brian)
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Filing 5
ORDER: the undersigned will recuse from further responsibility in this action. IT IS ORDERED this matter is REASSIGNED to Magistrate Judge Hanly Ingram. Signed by Magistrate Judge Edward B. Atkins on 3/9/2022. (RCB)cc: COR
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***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: #5 Order of Recusal (RCB)
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Filing 4
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (RCB)cc: COR
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Conflict Check run. (RCB)
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Filing 3
FRCP 7.1 DISCLOSURE STATEMENT by 3M Company. (RCB)
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Filing 1
NOTICE OF REMOVAL from Martin Circuit Court, case number 17-CI-199, filed by 3M Company. (Filing fee $402; receipt number AKYEDC-5207724) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1A State Record 1 of 3, #3 Exhibit 1B State Record 2 of 3, #4 Exhibit 1C State Record 3 of 3, #5 Exhibit 2 KY Lawsuits, #6 Exhibit 3 KY Lawsuits, #7 Exhibit 4 6 15 18 Hearing Transcript, #8 Exhibit 5A 3M Motion to Compel, #9 Exhibit 5AA Pltf Marcum Expert Disclosure, #10 Exhibit 5B NOS of Disc Responses, #11 Exhibit 5BB Pltf Marcum Disc Responses, #12 Exhibit 5C Pltf Marcum Depo Excerpts, #13 Exhibit 5D AOD of AO, #14 Exhibit 5E Motion for Trial Date, #15 Exhibit 5F Order re Trial Schedule, #16 Exhibit 5G Pltf Submission of Miners for Trials, #17 Exhibit 5H Order Rescheduling Trial, #18 Exhibit 5I Pike Co Scheduling Order, #19 Exhibit 5J Pltf Motion re Trial Dates, #20 Exhibit 5K 3M Resp to Pltf Motion re Trial Dates, #21 Exhibit 5L Proposed Order Setting Trial, #22 Exhibit 5M 3M Motion for Leave to File 3rd Party Complaint, #23 Exhibit 5N Entered Order Granting 3M Leave to File 3rd Party Complaint, #24 Exhibit 5O Proposed AOVD of Marcum re MSA, #25 Exhibit 5P Entered SO, #26 Exhibit 5Q Excerpts from McCoy Depo, #27 Exhibit 5R Excerpts from Castle Depo, #28 Exhibit 5S AOD of AO, #29 Exhibit 5T AOD of AO, #30 Exhibit 5U 3M Ans to Complaint, #31 Exhibit 5V Pltf Resp to Joint RFP, #32 Exhibit 5W KMS & MSC Lay Witness Disclosure, #33 Exhibit 5X Pltf Resp to Joint RFP, #34 Exhibit 5Y Pltf Resp to Joint RFP, #35 Exhibit 5Z Pltf Discovery to 3M, #36 Exhibit 6A Deponte B Read, #37 Exhibit 6B Marcum Federal BL Claim, #38 Exhibit 6C Alexander B Read, #39 Exhibit 6D Ranavava B Read, #40 Exhibit 6E Castle FBL Claim, #41 Exhibit 6F McCoy FBL Claim, #42 Exhibit 7 MSA Resp to Show Cause Order, #43 Exhibit 8 Judgment in Cox v 3M, #44 Exhibit 9 Hunt Docket, #45 Exhibit 10 Chapman Docket, #46 Exhibit 11 Brief of Defendant, #47 Exhibit 12 Excerpts of Johnson Depo, #48 Exhibit 13 12 3 21 Hearing, #49 Exhibit 14 Excerpts of Bowen Depo) (RCB) (Attachment 2 replaced to reduce file size on 3/7/2022) (RCB).
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ANSWER to Complaint by American Optical Corporation. (State Court pleading, se DE #1 for pdf document.) (RCB)
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ANSWER to Complaint by Mine Service Company, Inc. (State Court pleading, see DE #1 for pdf document.) (RCB)
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ANSWER to Complaint by Mine Safety Appliances Company, LLC. (State Court pleading, see DE #1 for pdf document.) (RCB)
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ANSWER to Complaint by Kentucky Mine Supply Company. (State Court pleading, see DE #1 for pdf document.) (RCB)
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THIRD PARTY COMPLAINT against Amber Coal Company, Inc., Pontiki Coal, LLC, Old McDonald Coal Company, Jaymar Mining, Inc., Big Walnut Coal Company, Inc., Mate Creek Development, Inc., KTK Mining & Construction Company, Inc., Preparation Plant Maintenance, Inc., Big Hickory Mining Company, Inc., Aero Energy, Inc., Martin County Coal Corporation, Sidney Coal Company, Inc., Eagle Coal Company, Inc., Beech Fork Processing, Inc., filed by 3M Company. (State Court pleading, see DE #1 for pdf document.) (RCB)
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ANSWER to Complaint by 3M Company. (State Court pleading, see DE #1 for pdf document.) (RCB)
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