IN RE BLUE COAL CORP.

Bankruptcy Nos. 76-1311, 78-604.

112 B.R. 683 (1990)

In re BLUE COAL CORPORATION, Debtor. In re GLEN NAN, INC., Debtor. James J. HAGGERTY, Esquire, Trustee for Blue Coal Corporation and Glen Nan, Inc., Plaintiff, v. McCLELLAN REALTY CORPORATION; David A. Tamburo; Parente, Randolph & Co.; Anthracite Health & Welfare Fund; Erie Lackawanna Railroad Co.; State Equipment Corporation; Warner Co.; John Baser; Robert C. Haldeman; George Solomon & Sons; Rockwood Insurance Company; Commonwealth of Pennsylvania, Department of Revenue; ITT; Techweld, Inc.; Hajoca Corp.; Bridon-American Corp.; Mine Safety Appliance Co.; National Mine Service Co.; Lincoln Robinson, t/a Atlantic Equipment & Supply; and Mary Ellen Buckley, Defendants.

United States Bankruptcy Court, M.D. Pennsylvania.

March 30, 1990.


Attorney(s) appearing for the Case

John H. Doran, Robert C. Nowalis, Wilkes-Barre, Pa., for trustee.

Charles A. Shea, III, A. Richard Caputo, Wilkes-Barre, Pa., for Anthracite.

D. Alan Harris, Harris & Ruble, Chicago, Ill., for Com. of Pa.


OPINION AND ORDER

THOMAS C. GIBBONS, Bankruptcy Judge:

Before the Court for consideration are cross motions for Summary Judgment. This matter was initiated by a Complaint of James J. Haggerty, Esquire, Trustee for Blue Coal Corporation and Glen Nan, Inc. (hereinafter "Trustee") pursuant to § 70(e) of the Bankruptcy Act seeking to preserve for the benefit of the estate certain liens and security interests formerly held by one of the named defendants...

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