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IN RE CARPENTERTOWN COAL & COKE CO., INC.

Bankruptcy No. 89-21629. Motion No. C & L-1.

166 B.R. 279 (1994)

In re CARPENTERTOWN COAL & COKE COMPANY, INC., Debtor. UNITED STATES FUEL COMPANY, Movant, v. CARPENTERTOWN COAL & COKE COMPANY, INC., Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

April 26, 1994.

Attorney(s) appearing for the Case

Joan G. Dorgan, Pittsburgh, PA, for debtor/respondent Carpentertown Coal & Coke Co., Inc.

Vincent J. Restauri, Sewickley, PA, for Official Committee of Unsecured Creditors.

Stanley E. Levine, Pittsburgh, PA, for movant U.S. Fuel Co.

Linda S. Menrad, Philadelphia, PA, for Ins. Co. of North America.

Bruce Campbell, Pittsburgh, PA, for UMWA Combined Benefit Fund.

Opinion

WARREN W. BENTZ, Chief Judge.

Factual Background

United States Fuel Company ("U.S. Fuel") seeks repayment from Carpentertown Coal & Company, Inc.'s ("Debtor") bankruptcy estate, as an administrative expense, amounts which it has paid pursuant to the Coal Industry Retiree Health Benefits Act of 1992 (the "Coal Act"). 26 U.S.C. § 9701 et seq.

Prior to the filing of its voluntary Petition under Chapter...

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