Michael v. The Harrison County Coal Company et al
| Jeffrey H. Michael |
| The Harrison County Coal Company and Consolidated Coal Company |
| 1:2018cv00058 |
| March 20, 2018 |
| US District Court for the Northern District of West Virginia |
| Clarksburg Office |
| Marion |
| Irene M. Keeley |
| Torts to Land |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
24
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS [ECF NO. 10 ]. The Court ORDERS the following: Defendants' motion to dismiss Count One is GRANTED; Count One is DISMISSED WITH PREJUDICE; Defendants motion to dismiss Plaintiff's c laim for punitive damages is GRANTED; Any and all claims for punitive damages are DISMISSED WITH PREJUDICE; Defendants' motion to dismiss the claim for injunctive relief is GRANTED WITH RESPECT TO itemization of the material damages, informat ion about the cost to repair the damages, and opinion as to the diminution in value of Plaintiff's structures and facilities caused by the same; and Plaintiff's claims under Count Three as to itemization of the material damages, information about the cost to repair the damages, and opinion as to the diminution in value of Plaintiff's structures and facilities caused by the same are DISMISSED WITH PREJUDICE. Signed by District Judge Thomas S. Kleeh on 6/21/2019. (wrr)
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