UNITED STATES v. RIVER COAL CO., INC.

No. 83-5560.

748 F.2d 1103 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. RIVER COAL COMPANY, INC.; Polls Creek Coal Company, Inc.; New Brush Creek Mining, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 23, 1984.


Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., Jane E. Graham, Asst. U.S. Atty., Lexington, Ky., J. Carol Williams, David C. Shilton, Appellate Sec., Land & Natural Resources, Dept. of Justice, Christine R. Whittaker (argued), Anthony J. Steinmeyer, Dept. of Justice, Civ. Div.-Appellate Staff, Washington, D.C., for plaintiff-appellant.

John M. Lang (argued), Reece, Clark & Lang, Manchester, Ky., for defendants-appellees.

Before LIVELY, Chief Judge, MERRITT, Circuit Judge, and GIBBONS, District Judge.


LIVELY, Chief Judge.

In this case we hold that a debtor, rehabilitated through Chapter XI bankruptcy proceedings, remains liable to the United States for post-petition interest on delinquent "abandoned mine reclamation fees." (Post-petition interest is that which accrues after bankruptcy proceedings are commenced.) Before reaching this conclusion it was necessary to determine that these charges, though denominated "fees" in the Surface Mining Control and Reclamation...

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