John W. Gaus v. Consolidation Coal Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-2087
JOHN W. GAUS; CHARLOTTE GAUS, his wife,
Plaintiffs - Appellants,
versus
CONSOLIDATION COAL COMPANY;
Defendant - Appellee,
and
DBT AMERICA, INCORPORATED, a Delaware
Corporation; CONSOL, INCORPORATED,
Defendants.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CA-00-150-5)
Submitted: February 28, 2003 Decided: March 10, 2003
Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Stephen P. Goodwin, Raymond S. Franks, II, GOODWIN & GOODWIN,
Charleston, West Virginia, for Appellants. James R. Miller, Rodger
L. Puz, DICKIE, MCCAMEY & CHILCOTE, P.C., Pittsburgh, Pennsylvania,
for Appellee.

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2
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Gaus and Charlotte Gaus appeal the district court’s order
granting summary judgment to Consolidation Coal Company in this
civil tort action. The lower court’s decision was predicated upon
a conclusion that West Virginia’s workers’ compensation scheme was
the exclusive remedy for John Gaus’ work-related injury. We have
reviewed the record and find no reversible error. Accordingly, we
affirm for the reasons stated by the district court. See Gaus v.
Consolidation Coal Co., No. CA-00-150-5 (N.D.W. Va. Aug. 13, 2002).
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED

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