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IN RE COAL-X LTD., 76

No. 86-2557.

881 F.2d 865 (1989)

In re COAL-X LTD., "76", Debtor. C & C COMPANY, a West Virginia corporation, successor in interest to Walter Kellogg, Trustee, Plaintiff-Appellant. v. SEATTLE FIRST NATIONAL BANK, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 26, 1989.

Attorney(s) appearing for the Case

Michael N. Zundel of Jardine, Linebaugh, Brown & Dunn, Salt Lake City, Utah, for plaintiff-appellant.

Peter W. Billings, Jr. (Gary E. Jubber with him on the brief), of Fabian & Clendenin, Salt Lake City, Utah, for defendant-appellee.

Before McKAY, BARRETT, and EBEL, Circuit Judges.

McKAY, Circuit Judge.

We affirm the decision of the district court which reversed, in part, the bankruptcy court. We affirm for the reasons given in the district court's opinion which we have directed to be published. 103 B.R. 276. The rule established in that opinion is that 11 U.S.C. § 105(a) (1982) providing for equitable apportionment prevails over a contrary state rule providing for nonapportionment of rents. In this we join...

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