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MARSHALL COUNTY COURTHOUSE

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February 21,2018 
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Jeffrey Grove, Esq. Michael J. Barrie, Esq.
David Delk, Esq. William M. Alleman, Jr., Esq.
Grove 8: Dell: . Benesch, Friedlander, Coplan 8L Aronoff
44 1/2 Fifteenth Street 222 Delaware Avenue
Wheeling, WV 26003 Wilmington, DE 19801
Robert P. Fitzsimmons, Esq. Kevin T. Baine, Esq.
Fitzsimmons Law Firm PLLC Thomas G. Hentoff, Esq.
1609 Warwood Avenue Williams 81 Connolly, LLP

Wheeling, West Virginia 26003 725 Twelfth Street, N.W.
Washington D.C., 20005

RE: Marshall County Coal et al. v.
John Oliver. et al.
Marshall COUnty Case No- 17?0124

Counseh

After thorough and careful consideration of the Defendants? Motions for
Dismissal, the Plaintiffs? Response and the Defendants? Reply to the same, as
well as all arguments in support of and opposition to the Motion, I find the
arguments set forth in the Defendants? Motion to Dismiss for Failure to State
a Claim and Reply well-founded, appropriate in this matter and will grant the
same.

The Court adopts, with little exception, Defendants' arguments in
support of their Motion regarding all issues addressed in the same. The

 

remaining Motion to Dismiss for Lack of Personal Jurisdiction is therefore
moot.

This correspondence serves to resolve the pending Motions and is
dispositive of all issues within this matter.

As the prevailing party, Counsel for the Defendants shall prepare and
forward a proposed Order, including findings of fact and conclusions of law
supporting the Court?s ruling. The same shall be forwarded within 20 days
via email in Microsoft Word format to the Court at
for the Court?s editing, if necessary, and
entry.

Within said Order, Defendants? Counsel is further instructed to note
and save all exceptions and objections to the Court's ruling on behalf of the
Third?Party Plaintiffs, and dismiss with prejudice this matter from the Court's
docket

Thanking you for your consideration, I remain

     
 

er, Chief Judge
econd Judicial Circuit

cc: Marshall County Circuit Clerk
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