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MATTER OF APPALACHIAN POCAHONTAS COAL CO., INC.

Civ. A. No. 81-5088.

31 B.R. 579 (1983)

In the Matter of APPALACHIAN POCAHONTAS COAL COMPANY, INC., Debtor. LEASING SERVICE CORPORATION, Plaintiff, v. APPALACHIAN POCAHONTAS COAL COMPANY, Defendant and Third-Party Plaintiff, v. FAIRCHILD, INC., Third-Party Defendant.

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

March 28, 1983.

Attorney(s) appearing for the Case

Stephen A. Weber and Michael T. Chaney, Charleston, W.Va., for plaintiff and third-party defendant.

Leonard M. Klehr, Philadelphia, Pa., Milton S. Koslow, Charleston, W.Va., for debtor/defendant and third-party plaintiff.

MEMORANDUM ORDER

COPENHAVER, District Judge.

I.

Leasing Service Corporation appeals from an order of the bankruptcy court denying it the right to recover a deficiency judgment resulting from the sale of repossessed mining equipment, holding that the public sale of the equipment had been commercially unreasonable under the provisions of the Uniform Commercial Code and applicable case law.

In March, 1977, Fairchild, Inc., as lessor, entered...

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