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IN RE BLUE DIAMOND COAL CO.

Bankruptcy No. 91-32611. Adv. No. 93-3062.

163 B.R. 798 (1994)

In re BLUE DIAMOND COAL COMPANY, Debtor. CUMBERLAND RIVER COAL COMPANY, Plaintiff, v. UNITED STATES of America, on Behalf of its Agency the DEPARTMENT OF LABOR, and Blue Diamond Coal Company, the Reorganized Debtor, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

February 4, 1994.

Attorney(s) appearing for the Case

Wyatt, Tarrant & Combs, Chauncey S.R. Curtz, Barbara B. Edelman, Solomon Lee Van Meter, Lexington, KY, Wyatt, Tarrant, Combs, Gilbert & Milom, James S. Mathis, Nashville, TN, and Rice, Huff & Hendrickson, H. Kent Hendrickson, Harlan, KY, for plaintiff Cumberland River Coal Co.

Carl K. Kirkpatrick, U.S. Atty., Pamela G. Steele, Asst. U.S. Atty., Knoxville, TN, John G. Interrante, J. Christopher Kohn and Tracy J. Whitaker, U.S. Dept. of Justice, Commercial Litigation Branch, Civ. Div., Washington, DC, for defendant U.S. and its agency, the Dept. of Labor.

Hodges, Doughty & Carson, Thomas H. Dickenson, Knoxville, TN, for defendant Blue Diamond Coal Co.

MEMORANDUM ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND ON DEFENDANT UNITED STATES OF AMERICA'S MOTIONS TO DISMISS AND TO STAY ADVERSARY PROCEEDING

RICHARD S. STAIR, Jr., Bankruptcy Judge.

The plaintiff, Cumberland River Coal Company (Cumberland), commenced this adversary proceeding on May 17, 1993. By its Complaint, Cumberland seeks a declaration that the United States Department of Labor (DOL) is prevented from imposing liability upon...

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