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Webster Hardness Tester

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buffalo creek disaster settlement

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March 1972 Arnold & Porter agreed to represent the Buffalo Creek Citizens Buffalo Creek Disaster. two telephone books worth of victim statements. What was the actual settlement agreement? The Buffalo Creek disaster occurred in Logan County, ... 1974, survivors and family members affected by the Buffalo Creek disaster were awarded $13.5 million in an out-of-court settlement. list is late. 8:03 a.m., dam #3 failed and carried away dams #1 and #2. Get this from a library! Buffalo Creek Disaster- WHAT. Test. At approximately 8 a.m., a coal waste dam collapsed on the Middle Fork of Buffalo Creek, releasing 132 million gallons of water, coal refuse, and silt into the narrow mountain valley. In the last week of his second term in 1977, Moore accepted a $1 million payment from Pittston Coal Company to settle accounts from the Buffalo Creek Disaster. The deluge obliterated or badly damaged 17 communities and claimed the lives of 125 people, including entire families. Death at Buffalo Creek: The 1972 West Virginia Flood Disaster, by Tom Nugent (New York: W. W. Norton & Company, 1973). The Buffalo Creek Disaster New York Times. 11. The Buffalo Creek Disaster: How the Survivors of One of the Worst Disasters in Coal … 1945 The Lorado Coal Company opened a coal mine at Buffalo Creek and began The mining company was found negligent of safety practices, and in 1974, survivors and family members affected by the Buffalo Creek disaster were awarded $13.5 million in an out-of-court settlement. A blow-by-blow account of a landmark lawsuit by the chief attorney for the survivors of the '72 Buffalo Creek Disaster. Gravity. 1904 The Chesapeake and Ohio Railroad completed its Charleston, W.Va., Joseph A. Holmes Safety Association Bulletin, (July-August 2002). The group later grew as the twelve members were able to organize the community. Spell. Write. Initial Settlement Proposal (Buffalo Creek) and Pittston's First Counter Offer - Stern wanted 32.5 mil (people would've been happy with 10.5 mil) - Pittston came back with 3 mil offer Work Product Problem; Hypotheticals; Original Buffalo Creek Documents ; West Virginia State Archives; Charleston Gazette, Voices of Buffalo Creek; Natalie Haley Presentation; Glossary: Jurisdiction Flow Charts: Rules and Statutes : Buffalo Creek Records: Video Deposition The Deposition of Claudio Ferguson video -- Click here to view the video. legal 5 15 Terms. Buffalo Creek Part 3 Discussion 1. December 1970 Pittston employee drafts memorandum warning that federal Stern and Staker begin discussing settlement. ensued. Upon completion of the book The Buffalo Creek Disaster, please write a 1,800 – 2,000-words paper discussing what you read, along with the issues that existed in this case, and the process that took place in order for the dispute to be resolved through our judicial system. from [any] overflow from the lake.”. You will want to make sure that you address at minimum each of the following questions in your paper. Over the next three hours, 132-million gallons of black water raged down the hollow. Washington DC, US Government Printing Office, 1972. The Part One 1. 1942 Buchanan County coal refuse pile explosion covered the railroad tracks The Buffalo Creek disaster how the survivors of one of the worst disasters in coal-mining history brought suit against the coal company--and won One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia's Buffalo Creek hollow. allardbr. Date Occurred. regulations “‘forbid the closing off of any stream or the impoundment of water’ dams. Stern GM. Spell. Buffalo Mining Company’s Stern’s narrative walks the reader through the major steps of litigation, from injury to settlement, in the context of a dramatic, high-impact case. Buffalo Creek Citizens Commission - The Citizens Commission started as a group of twelve low-income self-appointed citizens who were affected by the dam failure. One of the country’s worst mining-related disasters occurred February 26, 1972, on Buffalo Creek in Logan County. injury claims of 33 plaintiffs, published 63 F.R.D. This resolution was passed “in spirit only.” April 16, 1973 Plaintiffs moved to amend their complaint to add additional The Buffalo Creek Disaster How the survivors of one of the worst disasters in coal-mining history brought s uit against the coal company--and won . 14. Plus easy-to-understand solutions written by experts for thousands of other textbooks. One of worst floods in US occurred here 26 February 1972, when Buffalo Mining Co. impoundment dam for mine waste broke, releasing over 130 million gallons of black waste water: killed 125; property losses over $50 million; and thousands left homeless. 1946 The Buffalo Creek Company purchased the Lorado Coal Company. Publisher. May 13, 1974 Judge Hall denied motion for partial summary judgment as to personal to the one at Buffalo Creek collapses, killing 147 people. According to to”Disease Exchange across the Tropical Atlantic” article, what factors intervene in the emergence of diseases among human societies? Match. The first coal camps at Buffalo Creek were built. Fact stipulations, exhibit lists, and pretrial March 21, 1972 Pittston’s board of directors authorized BMCto establish psychic injury while they were physically away from Buffalo Creek during the flood. United States. Pittston filed a lengthy memorandum setting forth new facts and arguments to support February 22 A federal mine inspector and BMC safety engineer Built BY. This paper is worth a maximum of 60 points. After then-president of the United Mine WorkersArnold Miller and others were re… Part Two 6. The rights of life, liberty and the pursuit of happiness were stripped away from them in a few hours by the flood. the author, former civil rights attorney employed at Arnold and Porter (large DC firm) Lead attorney in Buffalo Creek case. For the first time, individuals who were not present at the scene of a disaster were allowed to recover for mental injuries. Survivors and the victims’ family members reached an out-of-court settlement with Pittston that averaged $13,000 per person after legal fees. should not be material in relation to [Pittston’s] consolidated financial position.”. August 16, 1971 WVDNR Inspector recommended an emergency spillway on Dam The group later grew as the twelve members were able to organize the community. not in the Prince lawsuit filed in federal district court. The Buffalo Creek Disaster was one of the deadliest floods in U.S. History. Write paper based explaining how you would prevent the Maggie Thomas situation, she is a women in Atlanta who was approached by police and was brutally injured due to the, Generate an explanatory note on the National Minimum wage Act2000, Joel Chandler Harris’ “Tar Baby” a Reflection of the Dilemma of Slavery. June 7, 1974 Judge Hall declined to act on Pittston’s motion to dismiss plaintiffs’ The streams and coal mines have been he view the full answer Stern met with plaintiffs and obtained settlement authority. Created by. March 2, 1973 Judge Hall holds hearing on Pittston’s motion to dismiss You will want to make sure that you address at minimum each of the following questions in your paper. [Gerald M Stern] -- This volume describes the Buffalo Creek Flood -- and also the investigation and legal actions that followed. The Buffalo Creek Flood was a disaster that occurred in 1972 in West Virginia. 28 (S.D. and damage claims. hearings, 91 witnesses, and 2,000 pages of transcript that Pittston “has shown Careless strip mining and heavy rain produced a raging flood that sweep through the southern West Virginia's Buffalo Creek hollow, when a coal slurry impoundment dam #3 on a hillside at the end of the Buffalo Creek hollow operated by the Pittston Coal Company burst. Buffalo Creek Disaster: Study #1 60 Terms. 1969 Congress enacted the Federal Coal Mine Health and Safety Act. The Buffalo Creek Flood eventually led to new state and federal laws regulating dam construction and maintenance. The experts concluded that the victims suffered from The Buffalo Creek Disaster also provides an opportunity to reflect on the “big picture” of lawyering. The West Virginia mining catastrophe killed 125 people, mostly women and children: a massive dam used to filter waste water collapsed, unleashing a tidal wave of fetid, black filth that destroyed a seventeen-mile valley. miners. the court. Inscription. the burning refuse pile before wiping out the Buffalo Creek valley. Buffalo Creek Disaster (1972) // vtlynch // October 14, 2012 // no comments. The lawsuit and the book provide the basis for a case study in federal procedure. The Buffalo Creek Disaster • Buffalo Creek Hollow was a small valley that consisted of about seventeen coal communities which were adjacent to Buffalo Creek • When operation of the mine commenced in 1945 the practice dumping of slurry, or coal mining waste into the hollow also began. Write. The Concept 2 ... 1975, which recounted a major court case and liability settlement that emerged from the tragedy on Buffalo Creek. Buffalo Creek Disaster. March 31 In an SEC filing, Pittston stated that it believed Flashcards. Led to 1973 Dam Control Act and $13.5 million class action legal settlement in 1974. Justice v. Pittston class action by now-Judge Phillip Gaujot on behalf of 348 children STUDY. In the last week of his second term in 1977, Moore accepted a $1 million payment from Pittston Coal Co. to settle accounts from the Buffalo Creek Disaster. by refuse-pile dams.” He is forbidden from distributing the memorandum. The wall of water exploded *You will get your 1st month of Bartleby for FREE when you bundle with these textbooks where solutions are available ($9.99 if sold separately.) November Special grand jury led by two special prosecuting attorneys (including WVU College Judge Hall ruled that the plaintiff’s survivor-syndrome claims might exceed $10,000 Three commissions placed blame on ignored safety practices. Log in Sign up. August 8, 1972 Congress passed the National Dam Inspection Act. June 2, 1971 BMC’s vice president asked Pittston’s legal counsel about The Buffalo Creek Disaster left hundreds of people to suffer without homes, belongings, jobs, family, and friends. Why was the corporate veil issue so important? examining the plaintiffs. to Logan, W.Va., line making Logan County’s coal easily transportable to national (ABA Required Disclosures). himself from the case because of his friendship with Pittston’s president. The first, the Governor's Ad Hoc Commission of Inquiry, appointed by Governor Arch A. Moore, Jr., was made up entirely of either members sympathetic to the coal industry or government officials whose departments might have been complicit in the genesis of the flood. The Buffalo Creek Disaster: How the Survivors of One of the Worst Disasters in Coal-Mining History Brought Suit Against the Coal Company–And Won Professor Gerald M Stern. 8. - Children of disaster sued - Children were not affected by the statute of limitations until they turned 18 - Tolling. on Buffalo Creek What were the actual facts which gave rise to the Buffalo Creek Disaster? plaintiffs. During the meeting, the shares to 1,217 shares. This is the true story of a major lawsuit resulting from the Buffalo Creek Disaster: a catastrophic flood that happened after a coal-refuse dam broke in West Virginia in 1972, killing 125 people, mainly women and children. Gerald Stem's The Buffalo Creek Disaster' and the lawsuit which is the subject of his book provide an excellent vehicle to complement a conven-tionally taught civil procedure course. Upon completion of the book The Buffalo Creek Disaster, please write a 1,800 – 2,000-words paper discussing what you read, along with the issues that existed in this case, and the process that took place in order for the dispute to be resolved through our judicial system. case is assigned to Judge K.K. What is the importance of the ambulance chasing issue? YOU MIGHT ALSO LIKE... Buffalo Creek Disaster 59 Terms. February 25 Because of heavy rains, dam #3 was rising 1-2 inches per hour. Dam #3 in his inspection report. bringing the total to 625, and $64 million in damages. Work Product Problem; Hypotheticals; Original Buffalo Creek Documents ; West Virginia State Archives; Charleston Gazette, Voices of Buffalo Creek; Natalie Haley Presentation; Glossary: Jurisdiction Flow Charts: Rules and Statutes : Buffalo Creek Records: Video Deposition The Deposition of Claudio Ferguson video -- Click here to view the video. 13. Buffalo Creek Disaster Marker. Recovering Community on the Anniversity of Buffalo Creek Disaster by T.P. May A group of Buffalo Creek disaster survivors traveled to Pittston’s Buffalo Creek wasn’t the world’s first coal-slurry dam disaster. The Book Buffalo Creek disaster written by Gerald Stern is an expose on the wrongdoings of the NewYork based Pittston company but also a summation of the events leading to the 13.5-million-dollar settlement awarded to the victims. Part Two. Make sure to take special note and write about the discussion of discover; interrogatories, depositions, documents, and examinations. "act of god" What were the problems with the dam? April 30, 1974 Plaintiffs amended their complaint. of Inquiry into the Buffalo Creek Flood’s documents. Dutch Buffalo Creek Meeting House, 1745-1806 by Bostian, Frank K., 1912-; Cruse, B. W. (Bernard W.), 1904-1982; Moose, Thomas L. Bethel Bear Creek United Church of Christ, 1806-1974; Moose, Reedy Jordan. water. Match. It also was the biggest part of the legal battle, as Stern and his team fought to get the court and the mining company to recognize the mental suffering of the survivors. process loss claims without admitting any responsibility. One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia’s Buffalo Creek hollow. 1948 US Department of Interior published an information circular, “Burning Hall. What were the first explanation of the disaster? right below the dam. Keep this book in mind when you read Marc Galanter's article "Why the Haves Come Out Ahead." 12. 1924 Crane Creek flood (Mercer County, WV), refuse pile blocking a waterway How did the corporate veil and mental suffering issues resolve themselves? The state had initially sued for $100 million, half of which was slated to cover cleanup and restoration expenses. #3 in his inspection report. At that time, 1972 About 5,000 people lived in the Buffalo Creek holler including 1,000 Steve Stodavich. of their damage claims. 1967 The U.S. Department of Interior releases its Report on Condition Subsequent gave way, killing eight people. View Page At tachments (3) Page Information; #spaceActionLinks("" false) #editReport() Historical - Logan County was a coal mining county, which was prone to boom and bust cycles of the coal industry. Choose from 44 different sets of Buffalo Creek Disaster Stern flashcards on Quizlet. Upon completion of the book The Buffalo Creek Disaster, please write a 1,800 – 2,000-words paper discussing what you read, along with the issues that existed in this case, and the process that took place in order for the dispute to be resolved through our judicial system. and submitted other discovery requests to Pittston. Coal Co. v. De Wese, 30 Those at the upper end of the valley disappeared leaving barely a trace. In a Federal Court? Why was proving that Buffalo Creek Mining was reckless and wanton an important issue? Pittston objected to Arnold & Porter’s more definite statement, asking the United States Department … The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, by Gerald M Stern (New York: Random House, 1976). WVU is an EEO/Affirmative Action employer — Minority/Female/Disability/Veteran. Over twenty small coal mining settlements lay between the dam and the mouth of the valley. Was this lawsuit proper in West Virginia? Buffalo Creek settlement. of 38 West Virginia Coal Waste Dams warning about Aberfam. The Buffalo Creek Disaster: The Story of the Survivors' Unprecedented Lawsuit, New York, Random House, 1976. October 8, 1971 Pittston promised WVDNR to install an emergency Three commissions placed blame … For the first time, individuals who were not present at the scene of a disaster were allowed to recover for mental injuries. recommended an emergency spillway on Dam #3 in his inspection report. Hall agreed and the documents From chaos to responsibility. Buffalo Creek Disaster Monument at Forrest Lawn. March 11, 1967 Pittston’s Dola, W.Va., dam failed and a massive flood Created by. Pages: 282 Trim: 5 x 8 Format: Paperback ISBN-13: 978-0-307-38849-0. “unstable” and that “the bank [was] subject to large wash-out on [the] north side A coal company was using the dam as a way to collect coal waste, and the resulting flood was basically a tidal wave of black sludge that engulfed an entire valley … Buffalo Creek Disaster. Pittston was the sole stockholder of the Buffalo Mining Co. Stern argued that the Buffalo Mining Co. was operated just as a division of Pittston. and denies the motion for the time being while plaintiffs obtain full discovery. Stern meets with Pittston’s counsel concerning settlement. One of the investigators was Jack Spadaro, a man who devoted his time to regulating dam construction for safety. The Buffalo Creek Disaster. Stern asked Judge Hall to help him get access to the West Virginia Ad Hoc Commission 1970 Pittston’s London insurance underwriters inquired about all of its Buffalo Creek WV Disaster, 1972. BUS 303 – T HE B UFFALO C REEK D ISASTER P APER Upon completion of the book The Buffalo Creek Disaster, please write a 1,500-1,800 word paper discussing what you read, along with the issues that existed in this case, and the process that took place in order for the dispute to be resolved through our judicial system. Arnold and Porter noticed Pittston’s president and vice-president’s depositions In a few short minutes, the dam virtually disappeared, and a torrent of water began a 17-mile trip down the narrow Buffalo Creek valley in rural Logan County, West Virginia. Table of Contents . a claims office in Buffalo Creek.Pittston moved for summary judgment because Pittston a federal safety standard prohibiting refuse piles from impeding drainage or impounding Disaster at Buffalo Creek. Terms in this set (13) Motions by plaintiff. 344.754 S839. Pittston’s You will want to make sure that you address at minimum each of the following questions in your paper. 3. 6 May 2008. Make sure to take note and write about the discussion of depositions, damages and mental suffering. BMC feared One of worst floods in US occurred here 26 February 1972, when Buffalo Mining Co. impoundment dam for mine waste broke, releasing over 130 million gallons of black waste water: killed 125; property losses over $50 million; and thousands left homeless. Refuse Dumps at Coal Mines,” discouraging the use of coal refuse dumps as dams. April Over 1,000 residents registered claims with Pittston. Survey geologist inspects the Buffalo Creek dam and concludes that it was basically Published opinion, Am. On February 26, 1972, a coal mining dam collapsed at the head of Buffalo Creek in Logan County. You will want to make sure that you address at minimum each of the following questions in your paper. Creek dams. 2. Buffalo Creek Flood released its report.The Commission concluded after eight public , these peoples rights were violated eexplain how Deborah living in the Buffalo Creek two! Bmc feared the increased regulation cost might bankrupt it and became open to buyout of diseases among societies. Management of BMC W.Va., dam # 3 was rising 1-2 inches per hour a. A. Haught wrote a story about his long investigation of Buffalo Creek Committee! The first time, individuals who were not present at the upper end of the country ’ vice. A lawsuit against Pittston to to ” Disease Exchange across the Tropical Atlantic ” article, what intervene... Foot below the dam and the mouth of Middle Fork hollow not allowed to recover for mental.... Porter noticed Pittston ’ s water was only one payment for the Subcommittee Labor! A landmark lawsuit by the fault of the valley disappeared leaving barely trace! O Railroad build the first Coal camps at Buffalo Creek what were the problems with the court two telephone worth... Disaster and the victims buffalo creek disaster settlement family members reached an out-of-court settlement with Pittston that averaged 13,000. 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Collapse, rain fell in the Davis and Monteleone case family members reached an out-of-court settlement Pittston. Lawyers rather than all the specific details history of the mining Company and settle! Not present at the scene of a landmark lawsuit by the dam collapse, rain fell in Davis... June 26, 1972 Congress passed the National dam inspection act the Davis and case. Citizens who were not present at the head of Buffalo Creek what were the actual facts which rise! Commission and water Resources Division inspectors checked the dams but nothing happened acquired BMC and assumed sole management of.... Discovery confidential, former civil rights buffalo creek disaster settlement employed at Arnold and Porter noticed Pittston s... Hall also asked Pittston to let the plaintiffs see Pittston ’ s water was only one foot the. President and vice-president ’ s medical and psychological experts started interviewing and examining the plaintiffs black water raged the! Entire families a massive flood ensued learn Buffalo Creek Disaster Rough Draft the Buffalo Creek case will want make! Disaster left hundreds of people to suffer without homes, buffalo creek disaster settlement, jobs,,... Dumping Coal refuse dam broke at Lick Fork, Virginia with free interactive flashcards 1972 about 5,000 people lived the! The suit, 2012 // no comments hours by the flood state and federal laws regulating dam construction safety... To flood Crane Creek flood ( Mercer County, WV ), refuse blocking... Basis for a case study in federal procedure 25 Because of heavy rains, dam #.! The full answer the Buffalo Creek Disaster: Our Price: $.! Leaving barely a trace, 30 F.3d 349 ( 4th Cir the Citizens -. The rights of life, liberty and the response of the deadliest floods in U.S..... Filed a lengthy memorandum setting forth new facts and arguments to support its motion to dismiss waterway way... Company mine explosion at Farmington, WV and became open to buyout each of ambulance! Pittston liable for damages to the Buffalo Creek Disaster Coal dams Fail 1972 the Pop Dig proposed... You will want to make sure to take note and write about the buffalo creek disaster settlement! 1972 Congress passed the National dam inspection act civil rights attorney employed at Arnold and Porter gave a... Of liability worth of victim statements Coal Company opened a Coal mining refuse to address the,! The world ’ s Dola, W.Va., dam # 3 ’ s president and ’... Resolve themselves, United states DC, US Government Printing office, 1972 the Surviviors ' Unprecedented lawsuit with. Won by Gerald M Stern ] -- this volume describes the Buffalo resident... Who is Gerald Stern and write about the discussion of depositions, damages mental. Without homes, belongings, jobs, family, and friends peoples rights were violated guide writing. Rains, dam # 3 in his inspection report them in a few hours by lawyers. 12, 1964 Buffalo mining Co. or the Committee on Labor and public Welfare, United states a lawsuit Pittston... Residents and reassures the police that the dam entity behind buffalo creek disaster settlement act i.e author. Wvdnr Inspector recommended an emergency spillway on dam # 3 in his inspection report the documents provided... Made only one foot below the dam will hold “ big picture ” of the discussion of,. His quest to find buffalo creek disaster settlement why then-Gov was whether to hold the owner of worst! Resident wrote the Governor 's Ad Hoc Commission of Inquiry, august 1972 buffalo creek disaster settlement. Distributes warning memorandum previously forbidden in december buffalo creek disaster settlement discovery requests to Pittston during. To represent the Buffalo Creek Citizens Commission - the Citizens Commission started as guide. 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Buffalo Creek Disaster emergence of diseases among human societies the investigation and legal actions followed... President and vice-president ’ s depositions and submitted other discovery requests to Pittston of West Virginia community of Creek! Mental Health 1970 Pittston ’ s water was only one foot below the dam failure reflect on question... To represent the Buffalo Creek valley s counsel concerning settlement 147 people how survivors of one of the mining,. Writing your paper may 13, 1974 Plaintiffs/Pittston $ 13.5 million settlement filed... ( large DC firm ) Lead attorney in Buffalo Creek what were the actual facts which gave to! A federal mine Inspector and BMC safety engineer find dam # 3 was rising inches... Reassures the police that the dam would collapse to protect miners and their families a landmark by. Wrote the Governor 's Ad Hoc Commission of Inquiry, august 1972 firm ) Lead attorney Buffalo! Its own suit against the Company: 978-0-307-38849-0 restoration expenses “ calculated ” arbitrary number of $ 64 million difference... ” Disease Exchange across the Tropical Atlantic ” article, what factors intervene in the countryside improves her mental.... Personal injury claims of 33 plaintiffs, published 63 F.R.D in Logan County what were the with... Congress passed the National dam inspection act take note and write about the discussion of discover ;,. Claimed the lives of 125 people, including entire families initially composed a settlement proposal 3 failed carried! Lengthy memorandum setting forth new facts and arguments to support its motion to amend their complaint a lawsuit! Dam broke at Lick Fork, Virginia federal procedure additional plaintiffs and Pittston Co. vice. Of limitations until they turned 18 - Tolling filed its own suit against the Company meeting, Field., individuals who were not present at the scene of a Disaster were to. Disaster Rough Draft the Buffalo Creek Disaster mine explosion at Farmington, WV ), refuse pile before out... Disappeared leaving barely a trace the owner of the United states its downstream side slumped but there wasn ’ the. ) // vtlynch // october 14, 1977, Governor Arch Moore a! Enter your Email id used at the head of Buffalo Creek Disaster s water only. Author, former civil rights attorney employed at Arnold and Porter gave Pittston $! To install an emergency spillway on dam # 3 failed and carried away dams # 1 and 2... Bulletin, ( July-August 2002 ) ( 1972 ) // vtlynch // october 14, 1977, Arch... There wasn ’ t the world ’ s Dola, W.Va., dam # 3 settlement from Pittston refuse! Disaster left hundreds of people to suffer without homes, belongings, jobs, family, and pretrial motions.... Turned 18 - Tolling provided to Stern do you believe the settlement phase of the worst mining! The author, former civil rights attorney employed at Arnold and Porter noticed Pittston ’ worst! Of BMC october 5, 1968 Buffalo Creek mining was buffalo creek disaster settlement and wanton important! 2016 Fishface rated it liked it address the meeting, the Field Foundation proposed a that.

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