IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
March 14, 2006
CONSOL ENERGY INC., EIGHTY-FOUR MINING COMPANY, PLAINTIFFS,
BERKSHIRE HATHAWAY INC., NATIONAL FIRE & MARINE INSURANCE COMPANY, DEFENDANTS.
The opinion of the court was delivered by: Judge Conti
Magistrate Judge Hay
AND NOW, this 13th day of March, 2006, after defendant, National Fire & Insurance Company filed a Notice of Removal from the Court of Common Pleas of Allegheny County, and after the plaintiffs, Consol Energy Inc. and Eighty-Four Mining Company, filed an Amended Complaint, and after defendant, Berkshire Hathaway, Inc., filed a Motion to Dismiss, and after defendant, National Fire & Marine Insurance Company, filed a Motion to Dismiss or Stay and Compel Arbitration, and after plaintiffs filed a Motion to Remand, and an Amended Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and upon consideration of the objections filed by defendants, and upon independent review of the motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court, IT IS ORDERED that plaintiffs' Motion for Remand [Docket No.26] is GRANTED and the case is remanded to the Court of Common Pleas of Allegheny County, Pennsylvania.
IT IS FURTHER ORDERED that the Motion to Dismiss [Docket No. 21] submitted on behalf of defendant Berkshire Hathaway Inc. and the Motion to Dismiss or Stay and Compel Arbitration [Docket No. 23] submitted on behalf of defendant National Fire & Marine Insurance Company, Inc. are DISMISSED as moot.
JOY FLOWERS CONTI United States District Judge
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