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IN RE HURRICANE ELKHORN COAL CORP. II

Bankruptcy No. 38100203.

15 B.R. 987 (1981)

In re HURRICANE ELKHORN COAL CORP. II, Debtor.

United States Bankruptcy Court, W.D. Kentucky.

December 22, 1981.

Attorney(s) appearing for the Case

John P. Reisz, Reisz, Rice, Porter & Rosenbaum, Louisville, Ky., for debtor-in-possession.

Frederic H. Davis, Brown, Todd & Heyburn, Louisville, Ky., for Consumers Power Co.

James W. Halloran, Cors, Hair & Hartsock, Cincinnati, Ohio, James G. Apple, Louisville, Ky., for Logan and Kanawha.

MEMORANDUM AND ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

Hurricane Elkhorn Coal Corporation II is a debtor-in-possession engaged in the coal mining business. About two years before it filed for Chapter 11 relief, Hurricane Elkhorn entered into an agreement with the Consumers Power Company, a Michigan utility, to supply coal every month for 15 years, beginning in April, 1979. The agreement provided that Hurricane Elkhorn would ship up to a total of 7...

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