AL PERRY ENTERPRISES v. APPALACHIAN FUELS, LLC

No. 06-6505.

503 F.3d 538 (2007)

AL PERRY ENTERPRISES, INC., Plaintiff-Appellant, v. APPALACHIAN FUELS, LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 27, 2007.


Attorney(s) appearing for the Case

ARGUED: Stephen L. Fink, Barnes & Thornburg, Fort Wayne, Indiana, for Appellant. Donald M. Snemis, Ice Miller LLP, Indianapolis, Indiana, for Appellee. ON BRIEF: Stephen L. Fink, Barnes & Thornburg, Fort Wayne, Indiana, for Appellant. Donald M. Snemis, Ice Miller LLP, Indianapolis, Indiana, for Appellee.

Before: MARTIN and McKEAGUE, Circuit Judges; GREER, District Judge.


OPINION

GREER, District Judge.

This case arises from a bankruptcy court approved sale of the assets and assumption of the executory contracts of Bowie Resources Limited ("Bowie") pursuant to 11 U.S.C. §§ 363 and 365. The sale was made pursuant to an Asset Purchase Agreement (the "purchase agreement") between Bowie and Appalachian Fuels, LLC ("Appalachian Fuels"). The plaintiff, Al Perry Enterprises, Inc. ("Perry"), originally filed this diversity...

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