IN RE DAUGHERTY COAL CO., INC.

Civ. A. No. 92-0037-E.

144 B.R. 320 (1992)

In re DAUGHERTY COAL COMPANY, INC. Thomas H. FLUHARTY, as Trustee of the Bankruptcy Estate of Daugherty Coal Company, Inc., Plaintiff, v. WOOD PRODUCTS, INC., Defendant.

United States District Court, N.D. West Virginia.

August 31, 1992.


Attorney(s) appearing for the Case

Evans L. King, Jr., Thomas Fluharty, Clarksburg, W.Va., for plaintiff.

Leo Wm. Dunn, Jr., Greenbelt, Md., Shelia Kae Williams, Kingwood, W.Va., for defendant.


ORDER

MAXWELL, Chief Judge.

On August 1, 1991 the Bankruptcy Court for the Northern District of West Virginia held an adversarial hearing following which secured liens of Defendant Wood Products, Inc. ("Appellant"), as well as a secured lien of Royal Tippling, in the property of Debtor Daugherty Coal Company ("Appellee") were equitably subordinated pursuant to 11 U.S.C. § 510(c) (1988). Appellant filed a timely notice of appeal, in which Royal Tippling...

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