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BOONE COAL AND TIMBER CO. v. POLAN

Nos. 85-5400, 85-5408.

787 F.2d 1056 (1986)

BOONE COAL AND TIMBER COMPANY, Plaintiff-Appellee, v. William J.M. POLAN (85-5400), the Bank of New York (85-5408), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 8, 1986.

Attorney(s) appearing for the Case

Eric M. Reuben (argued), Emmet, Marvin and Martin, New York City, Edward P. Zujkowski, Jerry D. Truitt, Strugill, Turner & Truitt, Lexington, Ky., for Bank of N.Y. in No. 85-5408.

J. Randall Reinhardt, Bulleit, Kinkead, Irvin and Reinhardt, Lexington, Ky., Gina A. West, Eric M. Reuben (argued), Emmet, Marvin & Martin, New York City, for Bank of N.Y. in No. 85-5400.

Robin Simpson Smith, Walter W. Turner (argued), Salyersville, Ky., for plaintiff-appellee.

Before KRUPANSKY and GUY, Circuit Judges, and PECK, Senior Circuit Judge.

GUY, Circuit Judge.

Defendants appeal an order of the district court reversing the bankruptcy court's denial of plaintiff's request for relief from the automatic stay provisions of the Bankruptcy Code, 11 U.S.C. § 362, as well as reversing the bankruptcy court's refusal to remand the case to state court. For the reasons stated below, we affirm.

On March 20, 1975, plaintiff Boone Coal leased to Polan, the debtor-lessee, several tracts of land in Magoffin...

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