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IN RE GRACE COAL CO., INC.

Bankruptcy No. 92-70368, Adv. No. 93-7009.

155 B.R. 5 (1993)

In re GRACE COAL COMPANY, INC., Debtor. GRACE COAL COMPANY, INC., Plaintiff, v. COMMONWEALTH OF KENTUCKY, CABINET FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION, Defendant.

United States Bankruptcy Court, E.D. Kentucky, Pikeville Division.

May 17, 1993.

Attorney(s) appearing for the Case

Gina S. McCann, Lexington, KY, and James P. Pruitt, Jr., Pikeville, KY, for debtor.

J. Alec Mackenzie, Frankfort, KY, for Com. of Ky.

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter is before the Court on the plaintiff's Motion for Temporary Restraining Order, filed herein on April 7, 1993. The Motion asks this Court to prohibit the defendant from barring the plaintiff from mining coal during the pendency of its application for renewal of its mining permit. The defendant filed its Response on April 12, 1993. A hearing on the Motion and Response was conducted on April...

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