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ALABAMA SURFACE MIN. COM'N v. N.P. MIN. CO., INC.

No. CV91-PT-83-W.

142 B.R. 457 (1991)

ALABAMA SURFACE MINING COMMISSION, Appellant, v. N.P. MINING COMPANY, INC., Defendant.

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

April 1, 1991.

Attorney(s) appearing for the Case

William B. Ware & Grady M. McCarthy, Jr., Alabama Surface Min., Jasper, Ala., for appellant.

John P. Whittington, Bradley Arant Rose & White, David A. Larsen, Berkowitz Lefkovits Isom & Kushner, Birmingham, Ala., for defendant.

Ezra Kenneth Aycock, Jr., Hubbard Waldrop Reynolds Davis & McIlwain, Ronald L. Davis, Rosen Cook Sledge Davis Carroll Jones & Adcox, Tuscaloosa, Ala., for trustee.

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes on to be heard on an appeal from an order of the Bankruptcy Court dated November 20, 1990. 124 B.R. 846. Pursuant to this court's order of March 19 (filed March 20), 1991, there is no factual dispute.1 The issues to be decided by the court are purely legal. The following findings of the Bankruptcy Court are pertinent to this court's review...

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