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IN RE WAR EAGLE CONST. CO., INC.

No. Civ.A. 5:00-0219, Bankruptcy No. 94-50371, Adversary No. 98-0161.

249 B.R. 686 (2000)

In re WAR EAGLE CONSTRUCTION CO., INC., Debtor. H. Lynden Graham, Jr., Plaintiff-Appellee, v. State of West Virginia, et al., Defendants-Appellants.

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

June 20, 2000.

Attorney(s) appearing for the Case

Julia A. Chincheck, Robert L. Burns, Jr., David E. Potters, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for plaintiff.

Thomas L. Clarke, West Virginia Division of Environmental Protection, Office of Legal Services, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER DISMISSING APPEAL

HADEN, Chief Judge.

Pending is Appellants' motion for leave to appeal. The Court DENIES the motion and DISMISSES the appeal.

I. FACTUAL AND PROCEDURAL BACKGROUND

This complex adversary proceeding has undergone considerable development in the Bankruptcy Court. The present appeal is from a February 3, 2000 Order of the Bankruptcy Court disposing...

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