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IN RE CHERRY POND COAL CO.

Bankruptcy No. 81-20504, Civ. A. No. 82-2317.

21 B.R. 592 (1982)

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

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

July 22, 1982.

Attorney(s) appearing for the Case

Charles L. Woody, Charleston, W. Va., for plaintiff.

Thomas R. Goodwin, Charleston, W. Va., for defendants.

ORDER

COPENHAVER, District Judge.

In this case governed by the Bankruptcy Reform Act of 1978,1 plaintiff Armco, Inc. filed its complaint in bankruptcy court seeking injunctive relief against defendants Cherry Pond Coal Company, a Chapter 11 debtor, and Kessler Coals, Inc. Armco seeks to restrain Kessler from mining coal on Armco property and to recover compensatory damages for coal previously removed, all of which Kessler claims...

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