IN RE C.W. MIN. CO.

Bankruptcy No. 08-20105. No. 2:11-CV-840 TS.

489 B.R. 431 (2013)

In re C.W. MINING COMPANY, doing business as Co-Op Mining Company, Debtor. Kenneth A. Rushton, Trustee, Plaintiff/Appellant, v. Standard Industries, Inc., ABM, Inc., Fidelity Funding Company, Security Funding, Inc., World Enterprises, a Utah Corporation, World Enterprises, a Nevada Corporation, Utahamerican Energy, Inc., C.O.P. Coal Development Company, Hiawatha Coal Company, Inc., ANR, Inc., Paul Kingston, an individual, Joseph O. Kingston, an individual, Charles Reynolds, an individual, John David Kingston, Jr., an individual, Railco, Inc., A-FAB Engineering, Inc., Latter Day Church of Christ, also known as Latter Day Church of Jesus Christ, Intermountain Power Agency, Commonwealth Coal Services, Inc., Nevada Power Company, Tennessee Valley Authority, Attco Trucking Company, Inc., doing business as CTC Trucking, CTC Trucking LLC, Mountain Coin Machine Distributors, Ninth Street Development, LLC, Ninth Street, Inc., Rachel Young, James Young, Jessica Young, Carl E. Kingston, as Trustee under Deed of Trust, Coalt, Inc., N.W.R. Limited Partnership, N.U.R., Inc., Four Corners Precision Mfg. Co., D.U. Company, Inc., SMC Electrical Products, Inc., Becker Mining America, Inc., L.A. Miller, Graymont Western US, Inc., America West Marketing, Inc., Security Funding Company, National Business Management, Inc., doing business as NBM, Ruth Brown, doing business as NBM, House of Pumps, Inc., and Trimac Transportation Central, Inc., Defendants/Appellees.

United States District Court, D. Utah, Central Division.

March 25, 2013.


Attorney(s) appearing for the Case

Glenn R. Bronson , Michael N. Zundel , Prince Yeates & Geldzahler, Salt Lake City, UT, for Plaintiff/Appellant.

David L. Pinkston , Kim R. Wilson , P. Matthew Cox , Snow Christensen & Martineau, David P. Billings , Robert H. Scott , Akerman Senterfitt LLP, Gerald H. Suniville , Van Cott Bagley Cornwall & McCarthy, Mark W. Dykes , Parsons Behle & Latimer, David R. Hague , Fabian & Clendenin, Russell S. Walker , Woodbury & Kesler, Jeffrey L. Shields , Callister Nebeker & McCullough, Danny C. Kelly , Stoel Rives , Douglas P. Farr , David E. Leta , Snell & Wilmer, Adelaide Maudsley , Brandon C. Pond , Chapman & Cutler, Peter W. Guyon , David E. Kingston , Salt Lake City, UT, Edward C. Meade , Richard E. Riggs , Tennessee Valley Authority, Knoxville, TN, for Defendants/Appellees.

Carl E. Kingston, Salt Lake City, UT, pro se.


MEMORANDUM DECISION AND ORDER ON COMBINED APPEAL

TED STEWART, District Judge.

This matter is before the Court on Kenneth A. Rushton, the Chapter 7 Trustee's (the "Trustee") Appeal from Bankruptcy Adversary Proceeding No. 11-08001 in Bankruptcy Case No. 08-20105. Due to the similarity of facts and issues involved, multiple appeals to this Court were consolidated into this action.1 The Court has considered the briefs and evidence...

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