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IN RE DYCOAL, INC.

Bankruptcy No. 99-24594-MBM, Adversary No. 05-2206-MBM.

327 B.R. 220 (2005)

In re DYCOAL, INC., Debtor. Dycoal, Inc., et al., Plaintiffs, v. Internal Revenue Service, et al., Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

June 30, 2005.

Attorney(s) appearing for the Case

Michael J. Kaminski, Thorp, Reed & Armstrong, LLP, Pittsburgh, PA, for Dycoal, Inc.

Robert G. Sable, David Swan, McGuire Woods LLP, Pittsburgh, PA, for Northwestern Synfuels LLC, et al.

Joel M. Helmrich, Meyer, Unkovic & Scott, Pittsburgh, PA, for H. Briquetters Ltd., et al.

Dara B. Oliphant, U.S. Department of Justice, Washington, D.C., for Internal Revenue Service.

MEMORANDUM OPINION

M. BRUCE McCULLOUGH, Chief Judge.

Dycoal, Inc., the instant debtor (hereafter "the Debtor"), and other entities who claim to presently hold ownership interests in five briquetters (hereafter collectively "Plaintiffs"), which briquetters (hereafter "the Briquetters") were owned by the Debtor pre-petition but have since been transferred to such entities, bring the instant three-count adversary action against, among other named defendants...

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