District Court, S.D. West Virginia November 4, 2011, Civil Action No. 3:10-1154 (Smith v. Kanawha River Terminals LLC)

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before the Court is Defendant Kanawha River Terminals, LLC, and Defendant Kanawha River Terminals, Inc.’s Motion for Summary Judgment (ECF No. 34). For the reasons set forth below, the motion is DENIED.

*403I. Introduction

Kanawha River Terminals (KRT) is in the business of transloading coal at four different facilities.