UNITED STATES v. GLENEAGLES INV. CO., INC.

Civ. No. 80-1424.

584 F.Supp. 671 (1984)

UNITED STATES of America, Plaintiff, v. GLENEAGLES INVESTMENT CO., INC., et al., Defendants.

United States District Court, M.D. Pennsylvania.

As Corrected May 16, 1984.


Attorney(s) appearing for the Case

Beth A. Kaswan, Tax Div., U.S. Dept. of Justice, Washington, D.C., for Dept. of Justice.

D. Alan Harris, Sp. Deputy Atty. Gen., Chicago, Ill., for Com. of Pa.

Robert C. Nowalis, Doran & Nowalis, Wilkes-Barre, Pa., for trustee.

Eugene J. Wien, Philadelphia, Pa., for I.R.S.

Joseph Solfanelli, Dolphin, Solfanelli & Butler, Scranton, Pa., for Gleneagles Inv.

Thomas G. Bailey, Jr., David Allen Koenigsberg, Whitman & Ransom, New York City, for Pagnotti Enterprises.

Robert J. Rosenberg, New York City, for Pagnotti defendants.

David E. Lehman, McNees, Wallace & Nurick, Harrisburg, Pa., for Gillens and Clevelands.

Gilbert B. Abramson, Abramson, Freedman & Blackman, P.C., Philadelphia, Pa., for Gillens.


OPINION

MUIR, District Judge.

I. Introduction.

The United States has sought in this litigation to set aside as fraudulent conveyances mortgages on the lands of Raymond Colliery (hereinafter the IIT mortgages) and to foreclose on tax liens against Raymond Colliery and its parent, Great American Coal Company, free and clear of the IIT mortgages. Those mortgages were delivered by Raymond Colliery on November 26, 1973 to Institutional Investors Trust...

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