Sheena Hunt v. Brooks Run Mining Company, LLC

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cv-00433. Copies to all parties and the district court. [999630181]. [14-2184]

Appeal: 14-2184

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Filed: 07/29/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-2184

SHEENA HUNT, Individually and as the Administratrix of the
Estate of; RUSSELL AARON HUNT, Deceased,
Plaintiffs – Appellants,
v.
BROOKS RUN
Company,

MINING

COMPANY,

LLC,

a

Limited

Liability

Defendant - Appellee.

Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:13-cv-00433)

Submitted:

June 30, 2015

Decided:

July 29, 2015

Before MOTZ, GREGORY, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James R. Akers II, AKERS LAW OFFICES, PLLC, Charleston, West
Virginia, for Appellants. Gretchen M. Callas, JACKSON KELLY
PLLC, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-2184

Doc: 22

Filed: 07/29/2015

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PER CURIAM:
Sheena

Hunt

appeals

the

district

court’s

order

granting

summary judgment in favor of Brooks Run Mining Company in Hunt’s
action under W. Va. Code Ann. § 23-4-2 (LexisNexis 2010). *

We

have reviewed the parties’ briefs and the record on appeal and
find

no

reversible

error.

Accordingly,

reasons stated by the district court.
Co.,

No.

dispense

1:13-cv-00433
with

contentions

are

oral

(S.D.

argument

adequately

W.

affirm

for

the

Hunt v. Brooks Run Mining

Va.

Sept.

30,

2014).

the

facts

and

legal

materials

before

because

presented

we

in

the

We

this court and argument would not aid the decisional process.

AFFIRMED

*

The statute recently was amended. See 2015 W. Va. Legis.
Serv. 243.
We applied the prior version of the statute to the
facts of this case.

2