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IN RE BLUE DIAMOND COAL CO.

Bankruptcy No. 91-32611.

147 B.R. 720 (1992)

In re BLUE DIAMOND COAL COMPANY, Debtor.

United States Bankruptcy Court, E.D. Tennessee.

November 12, 1992.

Attorney(s) appearing for the Case

Hodges, Doughty & Carson, Thomas H. Dickenson, Arnett, Draper & Hagood, Lewis R. Hagood, Knoxville, Tenn., for the debtor.

Hardy, Logan, Priddy & Cotton, Alton D. Priddy, Louisville, Ky., for the Southern Labor Union, Local No. 188.

MEMORANDUM ON DEBTOR'S OBJECTION TO CLAIM FILED BY THE SOUTHERN LABOR UNION, LOCAL NO. 188

RICHARD S. STAIR, Jr., Bankruptcy Judge.

The court is called upon to determine whether damages allegedly arising from interim changes implemented in the terms of a collective bargaining agreement pursuant to Code § 1113(e) and from the debtor's subsequent rejection of that collective bargaining agreement pursuant to Code § 1113(c) are recoverable by the Southern...

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