Beverly Gray v. Hawkeye Contracting Co ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1726
BEVERLY S. GRAY, an individual, and as ADMINISTRATRIX OF
THE ESTATE OF Mark A. Gray,
Plaintiff - Appellant,
v.
HAWKEYE CONTRACTING COMPANY, LLC, a Kentucky Corporation,
Defendant - Appellee,
and
APPALACHIAN SECURITY, INC., a Kentucky Corporation; CATENARY
COAL COMPANY, LLC, a West Virginia Corporation,
Defendants.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph R. Goodwin,
Chief District Judge. (2:10-cv-01056)
Submitted: November 19, 2012 Decided: December 21, 2012
Before WILKINSON, DIAZ, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Charles M. Johnstone, II, William M. Shrewsberry, Jr., JOHNSTONE
& GABHART, LLP, Charleston, West Virginia, for Appellant; Jason
S. Hammond, Jordan K. Herrick, BAILEY & WYANT, PLLC, Charleston,
West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Beverly S. Gray appeals the district court’s orders
dismissing her claims of negligence and deliberate intent under
the West Virginia Workers’ Compensation Act, W. Va. Code § 23-4-
2 (Lexis Nexis 2005), for failure to state a claim, and denying
her subsequent motion for reconsideration. We have reviewed the
record and find no reversible error. Accordingly, we affirm for
the reasons stated by the district court. Gray v. Hawkeye
Contracting Co., No. 2:10-cv-01056 (S.D. W. Va. Nov. 9, 2010 &
Mar. 7, 2011). 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
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