IN RE BROTHERS COAL CO., INC.

Bankruptcy No. 7-80-00441-B, Adv. No. 7-80-0151-B.

6 B.R. 567 (1980)

In re BROTHERS COAL COMPANY, INC., Debtor. WESTINGHOUSE CREDIT CORPORATION, Plaintiff, v. Claude S. YEARY, Sr., Defendant.

United States Bankruptcy Court, W.D. Virginia.

October 9, 1980.


Attorney(s) appearing for the Case

Don R. Pippin, Pippin & Pippin, Norton, Va., T. Munford Boyd, Paxson, Smith, Boyd, Gilliam & Gouldman, Charlottesville, Va., for plaintiff.

Lance Paul Cohen, Yeary & Tate, P.C., Abingdon, Va., James E. Nunley, Bristol, Va., for defendant.


MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue before the Court is whether or not the Plaintiff's motion to remand should be granted in this case which was removed to this Court from the Circuit Court of Wise County, Virginia.

On April 24, 1980 Brothers Coal Company, Inc. (Debtor) filed petition in this Court seeking relief under Chapter 11 (11 U.S.C. § 1101, et seq.) and an order for relief was accordingly thereupon...

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