IN RE N.P. MIN. CO.

Bankruptcy No. 87-01107.

124 B.R. 846 (1990)

In re N.P. MINING CO., Debtor.

United States Bankruptcy Court, N.D. Alabama, W.D.

November 20, 1990.


Attorney(s) appearing for the Case

David A. Larsen, Birmingham, Ala., for debtor, defendant.

Milton McCarthy, Jasper, Ala., for plaintiff.

C. Michael Stilson, Tuscaloosa, Ala., Chapter 7 Trustee.

Ronald L. Davis, Tuscaloosa, Ala., for Chapter 7 Trustee.


MEMORANDUM OF DECISION

GEORGE S. WRIGHT, Chief Judge.

This case came before the Court on the Alabama Surface Mining Commission's motion for payment of civil environmental penalties as 11 U.S.C. § 503(b)(1)(A) actual, necessary costs and expenses of preserving the estate. The Commission is the enforcer for state reclamation law for surface mines. The context of this decision is a Motion for Summary Judgment on the issue of the priority expense claim...

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