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IN RE PIERCE COAL AND CONST., INC.

Bankruptcy No. 81-00263-C, Adv. No. 85-0027.

49 B.R. 779 (1985)

In re PIERCE COAL AND CONSTRUCTION, INC., Debtor. Laurence I. GOODMAN, Plaintiff, v. UNITED STATES of America and Robert G. Durnal, Trustee, Defendants.

United States Bankruptcy Court, N.D. West Virginia.

May 6, 1985.

Attorney(s) appearing for the Case

Betsy Steinfeld, Asst. U.S. Atty., Wheeling, W.Va., Charles Baer, Tax Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

William D. Wilmoth, Schrader, Stamp, Byrd, Byrum & Companion, Wheeling, W.Va., for Pierce Coal and Const.

Robert G. Durnal, Junior, W.Va., Trustee.

MEMORANDUM OPINION

JOHN H. KAMLOWSKY, Bankruptcy Judge.

Pierce Coal and Construction, Inc. (hereinafter debtor), filed its voluntary Chapter 11 petition on April 8, 1981. The debtor filed a Motion to Convert to a case under Chapter 7 on May 5, 1982. The Court entered an order approving the Motion to Convert on May 6, 1982, at which time Robert Durnal was appointed Chapter 7 trustee.

On February 21, 1985, Laurence I. Goodman, a resident of Atlanta...

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