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IN RE CHERRY POND COAL CO.

Bankruptcy No. 81-20504, Adv. No. 82-0311.

21 B.R. 588 (1982)

In re CHERRY POND COAL COMPANY, Debtor. ARMCO, INC., Plaintiff, v. CHERRY POND COAL COMPANY and Kessler Coals, Inc., Defendants.

United States Bankruptcy Court, S.D. West Virginia.

Opinion July 16, 1982.

Attorney(s) appearing for the Case

Robert E. Douglas, Charleston, W. Va., for debtor-defendant Cherry Pond Coal Co.

Marshall C. Spradling and Charles L. Woody, Charleston, W. Va., for plaintiff Armco, Inc.

Thomas R. Goodwin and Susan Wittemier, Charleston, W. Va., for defendant Kessler Coals, Inc.

MEMORANDUM OF OPINION

EDWIN F. FLOWERS, Bankruptcy Judge.

This Court ruled from the bench on July 8, 1982, that it lacked jurisdiction to grant a temporary restraining order to the Plaintiff, Armco, Inc., citing Northern Pipeline Construction Co. v. Marathon Pipe Line Co., ___ U.S. ___, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), and ordered the matter transferred to the District Court. This Memorandum is issued to further explain the basis for that transfer...

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