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IN RE PATRIOT COAL CORP.

Bankruptcy No. 12-51502-659. Adversary No. 13-4067-659.

493 B.R. 530 (2013)

In re PATRIOT COAL CORPORATION, et al., Debtors. Patriot Coal Corporation, Heritage Coal Company, LLC, Plaintiffs, v. Peabody Holding Company, LLC, and Peabody Energy Corporation, Defendants.

United States Bankruptcy Court, E.D. Missouri, Eastern Division.

May 29, 2013.

Attorney(s) appearing for the Case

Jonathan D. Martin , Elliot Moskowitz , Davis Polk & Wardwell LLP, New York, NY, for Plaintiffs.

Carl E. Black , David G. Heiman , John M. Newman, Jr. , Jones Day, Cleveland, OH, Steven N. Cousins , Armstrong, Teasdale et al., St. Louis, MO, Brad B. Erens , Jones Day, Chicago, IL, Robert W. Hamilton , Jones Day, Columbus, OH, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KATHY A. SURRATT-STATES, Chief Judge.

The matters before the Court are the Complaint filed by Debtors Patriot Coal Corporation, et al., Notice and Plaintiffs' Motion for Summary Judgment, Defendants' Motion to Dismiss, Defendants' Opposition to Plaintiffs' Motion for Summary Judgment and Plaintiffs' Opposition to Defendants' Motion to Dismiss. A hearing was held on April 29, 2012 at which counsel for...

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