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IN RE METCO MINING AND MINERALS, INC.

Bankruptcy No. 93-21638-BM. Motion No. 94-674M. Adv. No. 93-2356-BM.

171 B.R. 210 (1994)

In re METCO MINING AND MINERALS, INC., Debtor. METCO MINING AND MINERALS, INC., Plaintiff, v. PBS COALS, INC., Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

August 31, 1994.

Attorney(s) appearing for the Case

Mark A. Gregg, Johnstown, PA, for debtor/plaintiff MetCo Mining and Minerals, Inc.

Vincent J. Barbera, Barbera & Barbera, Somerset, PA, for defendant PBS Coals, Inc.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Several matters are before the court at this time.

Debtor MetCo Mining And Minerals, Inc. (hereinafter "debtor") has brought a complaint against PBS Coals, Inc. (hereinafter "PBS") at Adversary No. 93-2356-BM in which it seeks to recover the sum of $81,942.03 for coal sold to PBS for which PBS has not paid.

PBS has responded with a counterclaim against debtor wherein it seeks...

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