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DELTA MINE HOLDING CO. v. AFC COAL PROPERTIES

No. 00-3646.

280 F.3d 815 (2001)

DELTA MINE HOLDING COMPANY; Meadowlark, Inc., Appellants, v. AFC COAL PROPERTIES, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 28, 2001.

Rehearing and Rehearing Denied February 20, 2002.

Attorney(s) appearing for the Case

W. Stanley Walch, Richard McMillan, Jr., Thomas W. Alvey, for Petitioners-Appellants.

Thomas Cummings, Armstrong & Teasdale, St. Louis, MO, Michael F. Dahlen, Feirich & Schoen, Carbondale, IL, Donald Flayton, Thomas M. Lynch, Wildman & Harrold, Chicago, IL, for Respondent-Appellee.

Thomas Blumeyer Weaver, Edwin L. Noel, Thomas Cummings, Armstrong & Teasdale, St. Louis, MO, for AFC Coal Properties, Inc.

Before LOKEN, Circuit Judge, ROSENBAUM and DAWSON, District Judges.

Rehearing and Rehearing En Banc Denied February 20, 2002.

LOKEN, Circuit Judge.

Delta Mine Holding Company ("Delta Mine") petitioned the district court to confirm, and AFC Coal Properties, Inc. ("AFC"), petitioned the district court to vacate, two arbitration awards resolving disputes over Delta Mine's right to terminate coal mining lease agreements. The district court vacated the awards because of the partiality and misconduct of the non-neutral arbitrator...

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