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IN RE L.T. RUTH COAL CO., INC.

Bankruptcy No. 84-00197, Adv. No. 84-0137.

66 B.R. 753 (1986)

In re L.T. RUTH COAL COMPANY, INC., Debtor. L.T. RUTH COAL COMPANY, INC., Plaintiff, v. BIG SANDY COAL AND COKE COMPANY, INC. and Kentucky Chestnut Coals, Inc., Defendants.

United States Bankruptcy Court, E.D. Kentucky, at Lexington.

May 14, 1986.

Attorney(s) appearing for the Case

D. Duane Cook, Brown, Todd & Heyburn, Lexington, Ky., for L.T. Ruth Coal Co., Inc.

Paul C. Combs, Combs & Combs, Prestonsburg, Ky., James R. Higgins, Jr., Middleton & Reutlinger, Louisville, Ky., for Big Sandy Coal and Coke Co., Inc.

L. Owen Doyle, Paintsville, Ky., for Kentucky Chestnut Coals, Inc.

MEMORANDUM OPINION

JOE LEE, Bankruptcy Judge.

This matter is pending on—

1. the motion of the defendants to remand this action to the Floyd County Circuit Court, and,

2. the motion of the plaintiff debtor in possession to assume the mineral leases which are the subject of this action.

FINDINGS OF FACT:

On June 6, 1976 the defendant, Big Sandy Coal and Coke Company, entered into a lease with the defendant...

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