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IN RE WESTMORELAND COAL CO.

Bankruptcy No. 96-26092 MSK,, Adversary No. 97-1058 MSK.

213 B.R. 1 (1997)

In re WESTMORELAND COAL COMPANY, EIN 23-1128670, et al., Debtors. Michael BUCKNER, Elliott Segal, and Frank Dunham, as Trustees of the United Mine Workers of America 1992 Benefit Plan, Plaintiffs, v. WESTMORELAND COAL COMPANY, Westmoreland Coal Sales Company, Inc., Westmoreland Energy, Inc., Westmoreland Resources, Inc., Westmoreland Terminal Company, Defendants.

United States Bankruptcy Court, D. Colorado.

September 5, 1997.

Attorney(s) appearing for the Case

Craig A. Christensen, Thomas C. Seawell, Denver, CO, Thomas P. Gies, Washington, DC, for Debtors.

Jami Wintz McKeon, Morgan, Lewis & Bockius, L.L.P., Philadelphia, PA, for Frank Dunham and Elliot as Trustees of United Mine Workers of America 1992 Benefit Plan.

Joan B. Burleson, Denver, CO, for UMWA 1992 Benefit Plan.

MEMORANDUM OPINION AND ORDER

MARCIA S. KRIEGER, Bankruptcy Judge.

THIS MATTER comes before the Court on the Motion for Summary Judgment (Motion) brought by the Trustees of the United Mine Workers of America 1992 Benefit Plan (the Trustees) against Debtor Westmoreland Coal Company and its subsidiaries. All Defendants responded. Having reviewed the file, Motion, responses, replies and affidavits and other documents submitted in accordance with Fed. R. Bankr...

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