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MATTER OF ZACHERL COAL CO., INC.

Bankruptcy No. 79-00285, Adv. No. 80-0157.

14 B.R. 1001 (1981)

In the Matter of ZACHERL COAL COMPANY, INC., Debtor. Raymond J. ZACHERL, Edna M. Zacherl, Eugene M. Zacherl, Norma G. Zacherl, Joseph H. Zacherl, Shirley A. Zacherl, Donald L. Zacherl, and Donna R. Zacherl, Plaintiffs, v. ZACHERL COAL COMPANY, INC., and Edward J. Smith, Trustee, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

July 14, 1981.

Attorney(s) appearing for the Case

Richard W. Roeder, Mahany, Roeder & Kirvan, Titusville, Pa., and Joseph Ronald Kushner and John R. Gavin, Oil City, Pa., for plaintiffs.

Hillard Kreimer, Lawrence N. Ravick and McCrady, Kreimer, Ravick & Bonistalli, Pittsburgh, Pa., John P. Leemhuis, Lawrence C. Bolla and Quinn, Gent, Buseck & Leemhuis, Erie, Pa., for trustee.

Earl T. Stamm, Wexler, Weisman, Maurer & Forman, Philadelphia, Pa., for Republic Nat. Bank of Dallas.

MEMORANDUM AND ORDER DISMISSING COMPLAINT FOR REJECTION OF EXECUTORY LEASES AND UNMINED COAL

WILLIAM B. WASHABAUGH, Jr., Bankruptcy Judge.

The within Complaint for an Order releasing and reconveying remaining coal and privileges under the plaintiffs' lease to the debtor dated July 16, 1976 alleged to have been rejected because not assumed with Court approval within sixty days of the conversion of the within case from a Chapter 11 Reorganization proceeding...

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