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IN RE LEMMONS & CO., INC.

No. 83-1208.

742 F.2d 1064 (1984)

In re LEMMONS & COMPANY, INC., a/k/a Warrick Mining Co., Inc., Debtor. Fred GRABER and Fannie Graber, Plaintiffs-Appellants, v. Frank J. FOLZ, Receiver for Lemmons & Company, Inc., a/k/a Warrick Mining Co., Inc., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1984.

Attorney(s) appearing for the Case

Gregory A. Smith, Havill & Smith, Huntingburg, Ind., for plaintiffs-appellants.

Edward B. Hopper, II, Hopper & Opperman, Indianapolis, Ind., for defendant-appellee.

Before CUMMINGS, Chief Judge, BAUER, Circuit Judge, and REYNOLDS, Chief District Judge.

REYNOLDS, Chief District Judge.

This is an appeal from a final judgment entered in an adversary proceeding commenced pursuant to Chapter XI of the Bankruptcy Act of 1898, ch. 541, 30 Stat. 544 (codified as amended at 11 U.S.C. §§ 1-1103 (1976) (repealed 1979)) ("Bankruptcy Act"). Lemmons & Company, Inc., a/k/a Warrick Mining Company, Inc. ("Lemmons"), the debtor, entered into a mining lease dated June 12, 1975, with Fred Graber and Fannie Graber ("the...

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