BECKLEY COAL MIN. v. UNITED MINE WORKERS OF AMER.

Civ. A. No. 87-672 LON.

98 B.R. 690 (1988)

BECKLEY COAL MINING COMPANY, Appellant/Debtor, v. UNITED MINE WORKERS OF AMERICA, Appellee.

United States District Court, D. Delaware.

January 11, 1988.


Attorney(s) appearing for the Case

Richard G. Elliott, Jr. (argued), William W. Bowser, and Emily B. Horton, of Richards, Layton & Finger, Wilmington, Del., for appellant/debtor.

Thomas C. Crumplar, and Douglas B. Canfield, of Jacobs & Crumplar, Wilmington, Del. (Barbara J. Hillman (argued) and Mark S. Stein, of Cornfield and Feldman, Chicago, Ill., Michael H. Holland, Washington, D.C., George N. Davies, Beckley, West Va., of counsel), for appellee.

James L. Patton, Jr., Young, Conaway, Stargatt & Taylor, Wilmington, Del. for Creditors Committee.

Charlene D. Davis, Dept. of Justice, Wilmington, Del., for the Government.


OPINION

LONGOBARDI, District Judge.

On November 20, 1987, Beckley Coal Mining Company ("Beckley") filed a petition for reorganization under Chapter 11 of the Bankruptcy Code ("the Petition"). On December 16, 1987, Beckley filed an application for interim relief from its obligations under the National Bituminous Coal Agreement of 1984 ("the Wage Agreement"). In particular, it requested an order allowing it to cease providing certain benefits to laid off employees...

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