IN RE REBEL COAL CO., INC.

No. 90-6125.

944 F.2d 320 (1991)

In re REBEL COAL COMPANY, INC., Debtor. Robert J. BROWN, Trustee, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 23, 1991.


Attorney(s) appearing for the Case

Dean W. Bucalos (argued and briefed), Brown, Bucalos, Santana & Bratt, Lexington, Ky., for plaintiff-appellee.

Louis DeFalaise, U.S. Atty., David Middleton, Asst. U.S. Atty., Lexington, Ky., James B. Crawford, Office of the Sol., U.S. Dept. of Labor, Arlington, Va., Steve Frank (argued and briefed), William Kanter, U.S. Dept. of Justice, Civil Division, Appellate Staff, Washington, D.C., for United States.

Before KENNEDY and JONES, Circuit Judges, and HARVEY, Senior District Judge.


KENNEDY, Circuit Judge.

This appeal requires us to determine whether the bankrupt estate's claim that the United States received a preference under 11 U.S.C. § 547(b) of the Bankruptcy Code is a compulsory counterclaim to the United States' claim for civil fines under the Mine Safety and Health Act, 30 U.S.C. § 801 et seq. The Bankruptcy Court and the District Court held that the estate's claim arose out of the same transaction or occurrence, and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases