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SUNSET ENTERPRISES, INC. v. B & B COAL CO., INC.

Civ. A. No. 83-0257-B.

38 B.R. 712 (1984)

SUNSET ENTERPRISES, INC., Appellant, v. B & B COAL COMPANY, INC. et al, Appellees.

United States District Court, W.D. Virginia, Big Stone Gap Division.

February 6, 1984.

Attorney(s) appearing for the Case

Fred Leonard, Bristol, Va., for appellant.

Hugh P. Cline, Norton, Va., for appellees.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

The appellant, Sunset Enterprises, Inc., appeals from a decision of the United States Bankruptcy Court for the Western District of Virginia determining the extent of a lien in this Chapter 11 case. The Bankruptcy Judge held that the agreement between Sunset Enterprises and B & B Coal Company was a "pure" lease rather than a lease for security. By an Order dated July 14, 1983, the Bankruptcy Court directed...

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