Sheena Hunt v. Brooks Run Mining Company, LLC ( 2015 )

UNPUBLISHED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 MINING COMPANY, LLC, a Limited Liability
Company,
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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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, we affirm for the
reasons stated by the district court. Hunt v. Brooks Run Mining
Co., No. 1:13-cv-00433 (S.D. W. Va. Sept. 30, 2014). We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
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.
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