"Peabody, the nation’s largest coal company, said that quoting the lyrics in the suit was inflammatory and prejudicial, and its lawyers demanded that they be removed," Wolfson writes. "But U.S. Magistrate Judge Kelly Rankin said in a ruling last week that the song was arguably relevant to the suit and not so 'disconnected, inflammatory or prejudicial as to merit removal.' He questioned how the lyrics could hurt Peabody, given they were written 44 years ago, and said that nothing in them 'degraded Peabody’s moral character, contained repulsive language or disrespected the dignity of the court.'" Asprey and Glustrom argued that the lyrics were important to show Peabody's history.
The song says, in part:
When I was a child my family would travel
Down to Western Kentucky where my parents were born;
And there's a backwards old town that's often remembered
So many times that my memories are worn.
[Chorus:] And daddy won't you take me back to Muhlenberg County
Down by the Green River where Paradise lay?
Well, I'm sorry my son, but you're too late in asking;
Mister Peabody's coal train has hauled it away.