Powers v. Equitable Production Company

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 36 Report and Recommendations and denying 7 Motion to Dismiss filed by Equitable Production Company. Signed by Judge James P. Jones on February 9, 2010. (aec)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION LEONARD O. POWERS, Plaintiff, v. EQT PRODUCTION COMPANY, ETC., Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 1:09CV00055 ORDER By: James P. Jones Chief United States District Judge The defendant has filed a Motion to Dismiss, which was referred to the magistrate judge for report and recommendations. The magistrate judge issued her report and recommendations on January 26, 2010, to which the defendant has filed timely objections. Based upon the court's de novo review of those portions of the magistrate judge's report and recommendations to which the defendant objected, it is ORDERED as follows: 1. 2. 3. The defendant's objections are overruled; The magistrate judge's report and recommendations are accepted; The Motion to Dismiss (#7) is DENIED. ENTER: February 9, 2010 /s/ JAMES P. JONES Chief United States District Judge

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