UNITED VIRGINIA BANK v. SLAB FORK COAL CO.

No. 85-1228.

784 F.2d 1188 (1986)

UNITED VIRGINIA BANK; Kanawha Valley Bank, N.A.; The Charleston National Bank, Appellants, v. SLAB FORK COAL COMPANY, Appellee. In re SLAB FORK COAL COMPANY, Debtor.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1986.


Attorney(s) appearing for the Case

Benjamin C. Ackerly, Richmond, Va. (Gordon F. Rainey, Jr, Vicki O. Tucker, Richmond, Va., Jeffrey L. Tarkenton, Hunton & Williams, Washington, D.C., Frederick L. Thomas, Jr., Marshall C. Spradling, Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., on brief), for appellants.

Richard E. Rowe (Ellen L. Maxwell-Hoffman, Goodwin & Goodwin, Charleston, W.Va., on brief), for appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.


MICHAEL, District Judge.

This case is before the court on an appeal from the decision of the district court which upheld a bankruptcy court ruling. The issue presented is whether cash proceeds generated under a pre-bankruptcy petition contract for the supply of coal, which proceeds are received after the bankruptcy petition is filed, are subject to a pre-petition security interest in the contract and its proceeds.

The case comes before us on stipulated facts...

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