ADVENTURE RESOURCES, INC. v. HOLLAND

Civil A. No. 2:94-0858.

193 B.R. 787 (1996)

ADVENTURE RESOURCES, INC., et al., Plaintiffs, v. Michael H. HOLLAND, et al., Defendants. Michael H. HOLLAND, et al., Intervenor Counter-Plaintiff Trusts, v. ADVENTURE RESOURCES, INC., et al., Counter-Defendants.

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

March 8, 1996.


Attorney(s) appearing for the Case

John A. Rollins, Sarah Sullivan, Webster J. Arceneaux, III, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, WV, for plaintiffs and counter-defendants.

Larry D. Newsome, Barbara E. Locklin-George, Kenneth M. Johnson, UMWA Health & Retirement Funds, Office of General Counsel, Washington, DC, Susan Cannon-Ryan, Caldwell, Cannon-Ryan & Riffee, Charleston, WV, for defendants.

Paul A. Green, Marilyn L. Baker, Beins, Axelrod, Osborne, Mooney & Green, Washington, DC, Peter Buscemi, Morgan, Lewis & Bockius, Washington, DC, Jami Wintz McKeon, Morgan, Lewis & Bockius, Philadelphia, PA, for United Mine Workers of America Combined Benefit Fund.

Bernard McKay, U.S. Department of Justice, Washington, DC, Rebecca A. Betts, Gary L. Call, Asst. United States Attorney, Charleston, WV, Charlotte Hardnett, Office of General Counsel, Region III, Social Security Administration, Philadelphia, PA, for Donna E. Shalala, Secretary, Department of Health & Human Services.

John A. Rollins, Sarah Sullivan, Webster J. Arceneaux, III, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, WV, for debtors-in-possession.

Brian H. Benjet, UMWA Health & Retirement Funds, Office of General Counsel, Washington, DC, Susan Cannon-Ryan, Caldwell, Cannon-Ryan & Riffee, Charleston, WV, David W. Allen, General Counsel, Larry D. Newsome, Asst. Gen. Counsel, UMWA Health & Retirement Funds, Office of General Counsel, Washington, DC, for intervenors-defendants and counter-claimants.


MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the motion for partial summary judgment of the Defendant/Intervenor Counter-Plaintiffs (the Funds).1 For the reasons set forth below, the Court GRANTS in part and DENIES in part the Funds' motion.

I. INTRODUCTION

The substance of this adversary proceeding raises complicated...

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