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WOLF CREEK COLLIERIES CO. v. GEX KENTUCKY, INC.

No. 89-CV-0001.

127 B.R. 374 (1991)

WOLF CREEK COLLIERIES CO., Plaintiff, v. GEX KENTUCKY, INC., et al., Defendant.

United States District Court, N.D. Ohio, E.D.

April 4, 1991.

Attorney(s) appearing for the Case

Timothy A. Barry, John A. Schwemler, Brouse & McDowell, Akron, Ohio, R. Terrance Rodgers, King, Betts & Allen, Charleston, W.Va., for appellant.

Jeffrey Baddeley, Porter, Wright, Morris & Arthur, Cleveland, Ohio, for appellee GEX Kentucky, Inc.

Michael L. Geller, Dallas, Tex., for appellees T.T. Colley and P.W. Gifford.

Stephen C. Rodeheffer, Kimble, Stevens, Young, Clark & Rodeheffer, Portsmouth, Ohio, for appellee Jack J. Blazer.

ORDER

SAM H. BELL, District Judge.

Presently pending before this court is an appeal filed by Wolf Creek Collieries Company from a Memorandum of Decision of the Bankruptcy Court for the Northern District of Ohio, Case No. 686-00506, Matter of GEX Kentucky, Inc., 103 B.R. 863 (Bkrtcy.N.D.Ohio 1988). In the case below, the bankruptcy court held that Wolf Creek's advancement of funds to the appellee debtor GEX Kentucky...

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