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IN RE WHITE MOUNTAIN MINING CO., L.L.C.

No. 04-1586.

403 F.3d 164 (2005)

In Re: WHITE MOUNTAIN MINING COMPANY, L.L.C., Debtor. Joseph C. Phillips, Plaintiff-Appellee, and Mowbray, L.L.C., Defendant-Appellee, and White Mountain Mining Company, L.L.C., a West Virginia Limited Liability Company, Reorganized Debtor-Appellee, v. Congelton, L.L.C., Defendant-Appellant, and United States Trustee, Party in Interest. Alliance Consulting, Incorporated; Alpha Engineering Services; Comer Electric Inc.; Unsecured Creditors' Committee, Members of Creditors' Committee: Gary Hartsog (Alpha Engineering Services); James Billings (H & W Mine Supply, Incorporated); Larry Dye (Atlas Belt Service); Carl Campbell (A & C Equipment & Supply); Les Monk (Monk Mining Supply, Incorporated); Cindy Whitehead (POHL Corporation); David A. Walls (Classic Conveyor Company); Gregory Bailey (Frontier Management, L.L.C.); Joe Parris (Atlas Belt Service), Creditors.

United States Court of Appeals, Fourth Circuit.

Decided: April 1, 2005.

Attorney(s) appearing for the Case

ARGUED: Eugene D. Gulland, Covington & Burling, Washington, D.C., for Appellant. John Joseph Nesius, Spilman, Thomas & Battle, P.L.L.C., Charleston, West Virginia; John Allen Rollins, Lewis, Glasser, Casey & Rollins, P.L.L.C., Charleston, West Virginia, for Appellees. ON BRIEF: Kara L. Cunningham, Steptoe & Johnson, P.L.L.C., Charleston, West Virginia; Michael St. Patrick Baxter, Dennis B. Auerbach, Michael L. Rosenthal, Covington & Burling, Washington, D.C., for Appellant. Michael G. Sullivan, Columbia, South Carolina, for Appellees Joseph C. Phillips and Mowbray, L.L.C.

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge WIDENER and Judge MOTZ joined.

OPINION

MICHAEL, Circuit Judge:

A core issue in an adversary proceeding in this chapter 11 bankruptcy case was also an issue in an international arbitration to be conducted in England. The bankruptcy court denied a motion to compel arbitration, refused to stay the adversary proceeding, and enjoined participation in the arbitration, all because...

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