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IN RE BENJAMIN COAL CO.

No. 92-3176.

978 F.2d 823 (1992)

In re BENJAMIN COAL COMPANY, et al. David J. Benjamin, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 3, 1992.

Attorney(s) appearing for the Case

Carl A. Belin, Jr. (argued), Belin & Kubista, Clearfield, Pa., for appellant.

James R. Walsh (argued), Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for appellee James R. Walsh, Trustee of the Bankruptcy Estate of Benjamin Coal Co.

Before: GREENBERG, COWEN, and WEIS, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I.

BACKGROUND

This is an appeal from an order of the district court affirming a bankruptcy court order denying as untimely David Benjamin's claim against the Chapter 7 estate of Benjamin Coal Company (BCC). This court has jurisdiction pursuant to the bankruptcy appeal provisions of 28 U.S.C. § 158(d). BCC originally filed a Chapter 11 petition...

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