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IN RE C.W. MIN. CO.

Bankruptcy No. 08-20105. Adversary No. 10-2712.

465 B.R. 226 (2011)

In re C.W. MINING COMPANY dba Co-Op Mining Company, Debtor. Kenneth A. Rushton, Chapter 7 Trustee, Plaintiff, v. Bank of Utah, Defendant. Bank of Utah, Third-Party Plaintiff, v. Hiawatha Coal Company, Inc. and P.P.M.C., Inc., Third-Party Defendants.

United States Bankruptcy Court, D. Utah.

September 30, 2011.

Attorney(s) appearing for the Case

Aaron Millar , Michael N. Zundel , Tyler O. Waltman , Prince, Yeates & Geldzahler, Salt Lake City, UT, for Plaintiff.

David F. Klomp , Jessica G. Peterson , Steven J. McCardell , Durham Jones & Pinegar, P.C., Salt Lake City, UT, for Defendant.

P. Matthew Cox , Snow Christensen & Martineau, Peter W. Guyon , Salt Lake City, UT, for Third-Party Defendants.

MEMORANDUM DECISION

R. KIMBALL MOSIER, Bankruptcy Judge.

This matter is before the Court on the cross-motions for summary judgment filed by Kenneth A. Rushton, the plaintiff and chapter 7 trustee (Trustee) and the defendant, Bank of Utah (Bank). In this adversary proceeding, the Trustee seeks to recover $383,099 in postpetition payments to the Bank. At the time the Bank received the payments, it was a fully secured creditor and the payments to the Bank caused...

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