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IN RE BLUE COAL CORP.

No. 92-7390.

986 F.2d 687 (1993)

In re BLUE COAL CORPORATION. Frank J. McDONNELL, Trustee for Blue Coal Corporation v. McCLELLAN REALTY CORP.; Luzerne County Tax Claim Bureau; Bureau of Warrior Run; Bureau of Sugar Notch; Anthracite Health and Welfare Fund; Greater Wilkes-Barre Industrial Fund; Commonwealth of PA; United States of America Anthracite Health and Welfare Fund, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 4, 1993.

Attorney(s) appearing for the Case

Charles A. Shea, III, Shea, Shea & Caputo, Wilkes-Barre, PA, for appellant.

D. Alan Harris, Harris & Ruble, Chicago, IL, for appellee, Com. of PA.

Gary R. Allen, Gary D. Gray, Christine A. Grant, U.S. Dept. of Justice, Tax Div., Washington, DC, for appellee, U.S.

Before: GREENBERG, ROTH, and LEWIS, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

This is a dispute over the distribution of proceeds from a sale of real property formerly held by the debtor in this bankruptcy case, Blue Coal Corporation. On August 19, 1991, the bankruptcy court entered an order permitting the proposed sale of property to go forward free and clear of all liens, claims and encumbrances, and further directing that proceeds from the sale be distributed to the Anthracite Health and...

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