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IN RE C.W. MIN. CO.

BAP No. UT-11-098. Bankruptcy No. 08-20105. Adversary No. 10-02712.

477 B.R. 176 (2012)

In re C.W. MINING COMPANY, Debtor. Kenneth A. Rushton, Trustee, Plaintiff-Appellant, v. Bank of Utah, Defendant-Appellee, and Bank of Utah, Third-Party-Plaintiff-Appellee, v. Hiawatha Coal Company, Inc., and P.P.M.C., Inc., Third-Party-Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

September 5, 2012.

Attorney(s) appearing for the Case

Michael N. Zundel ( T. Edward Cundick with him on the brief) of Prince, Yeates & Geldzahler, Salt Lake City, UT, for Plaintiff-Appellant.

Steven J. McCardell ( David F. Klomp and Jessica G. Peterson with him on the brief) of Durham Jones & Pinegar, P.C., Salt Lake City, UT, for Defendant-Appellee.

Before NUGENT, KARLIN, and HALL, Bankruptcy Judges.

OPINION

HALL, Bankruptcy Judge.

Before the Court is the appeal of Appellant Kenneth A. Rushton, Trustee ("Trustee"), of the bankruptcy court's Memorandum of Decision which granted Appellee Bank of Utah's ("Bank") motion for summary judgment and denied Trustee's motion for summary judgment. For the reasons that follow, the Court AFFIRMS the bankruptcy court's decision.

I. Jurisdiction...

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