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UMWA 1992 BENEFIT PLAN v. LECKIE SMOKELESS COAL CO.

Civil Action No. 5:96-0092.

201 B.R. 163 (1996)

UMWA 1992 BENEFIT PLAN and its Trustees, and the UMWA Combined Benefit Fund and its Trustees, Plaintiffs, v. LECKIE SMOKELESS COAL COMPANY, New River Mineral Resources Company, and Gould Resources, Inc., Defendants.

United States District Court, S.D. West Virginia.

April 16, 1996.

Attorney(s) appearing for the Case

Ellen S. Cappellanti, Jackson & Kelly, Charleston, WV, Stephen L. Thompson, Barth, Thompson & George, Charleston, WV, for debtors.

Larry D. Newsome, Barbara E. Locklin-George, UMWA Health & Retirement Funds, Office of the General Counsel, Washington, DC, Susan Cannon-Ryan, Caldwell, Cannon-Ryan & Riffee, Charleston, WV, Marilyn L. Baker, Beins, Axelrod, Osborne, Mooney & Green, Washington, DC, Katherine Butler Houlihan, Morgan, Lewis & Bockius, LLP, Washington, DC, for movants United Mine Workers of America 1992 Benefit Plan, United Mine Workers of America Combined Benefit Fund.

John Hankins, Huntington, WV, for interested party Unsecured Creditors Committee.

William M. Herlihy, Spilman, Thomas, Battle & Klostermeyer, Charleston, WV, Ethan D. Fogel, Dechert Price & Rhoads, Philadelphia, PA, for interested party Royal Scot Minerals, Inc.

MEMORANDUM OPINION AND ORDER

HALLANAN, District Judge.

This matter is before the Court via Objection of the UMWA Combined Fund and 1992 Benefit Plan to Debtors' Motion to Approve Bidding and Auction Procedures and to Approve Option and Asset Purchase Agreement and Assumption and Assignment of Executory Contracts and Leases ("Plaintiffs' Objection").

Defendants' Joint Motion for Entry of an Order Approving Bidding and Auction Procedures and...

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