Activists ask judge to dismiss Massey lawsuit
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BECKLEY, W.Va. (AP) — Five strip mining protesters want a federal judge to dismiss Massey Energy’s lawsuit against them, arguing claims of monetary damages are inflated and unsubstantiated.

Virginia-based Massey has won a temporary restraining order barring protesters from its West Virginia properties through Feb. 24.

Massey claims it’s suffered more than $75,000 in damages, the minimum amount required for a federal court to have jurisdiction over the case.

But the protesters say that contradicts a Massey news release claiming a nine-day tree-sitting action in January didn’t stop operations at the Beetree mine.

Massey spokesman Jeff Gillenwater says that release was issued the first day, before operations were affected, and that Massey disagrees with the protesters’ claims.
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