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IN RE FEDERAL COAL COMPANY

No. 69-270.

335 F.Supp. 1183 (1971)

In the Matter of FEDERAL COAL COMPANY, Debtor. In Proceedings for the Reorganization of a Corporation.

United States District Court, S. D. West Virginia, Charleston.

November 22, 1971.

Attorney(s) appearing for the Case

John V. Ray, Charleston, W. Va., for petitioners.

Charles M. Love, III, Charleston, W. Va., for trustee.

William C. Payne, Charleston, W. Va., for Northeastern Pennsylvania Nat. Bank and Trust Co., indenture trustee.

Robert E. Ginsberg and Bernard Wexler, Washington, D. C., for Securities and Exchange Commission.

MEMORANDUM ORDER

FIELD, Circuit Judge (sitting by designation).

The petitioners, being members of the Johnson family who as of this date are the owners of 96.61 per cent of the Bonds of the debtor corporation, have asked that the Trustee in this proceeding be discharged, the proceeding be dismissed and that possession of the property owned by Federal Coal Company be returned to it. The petition to dismiss is opposed by the Trustee, the Securities and Exchange...

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