IN RE C.W. MIN. CO.

Bankruptcy No. 08-20105. Adversary No. 11-8001.

512 B.R. 672 (2014)

In re C.W. MINING COMPANY, doing business as Co-Op Mining Company, Debtor. Gary E. Jubber, Trustee, Plaintiff, v. Defendants re Hiawatha Coal Proceeds, including: 09-2047, Standard Industries, Inc., ABM, Inc. Fidelity Funding Company, Security Funding, Inc., World Enterprises, and Utah American Energy, Inc. 09-2248, C.O.P. Coal Development Company, Hiawatha Coal Company, Inc. and ANR, Inc., Paul Kingston, an individual, Joseph O. Kingston, an individual, and Charles Reynolds, an individual, John David Kingston, Jr., an individual, World Enterprises, Standard Industries, Inc., Fidelity Funding Company, Security Funding, Inc., ABM, Inc. 09-2375, C.O.P. Coal Development Company, Hiawatha Coal Company, Inc., ABM, Inc., World Enterprises, Standard Industries, Inc., Fidelity Funding Company, Security Funding, Inc., Railco, Inc., A-Fab Engineering, Inc., Latter Day Church of Christ aka Latter Day Church of Jesus Christ, Intermountain Power Agency, Commonwealth Coal Services, Inc., Nevada Power Company and Tennessee Valley Authority. 10-2739, Attco Trucking Company, Inc. dba CTC Trucking and CTC Trucking LLC. 10-2755, World Enterprises, a Utah corporation; World Enterprises, a Nevada corporation; Mountain Coin Distributors, a Utah corporation; and Mountain Coin Machine Distributors, as dba of each of the defendants, 10-2756, Golden West Industries, Inc. 10-2764, Latter Day Church of Christ, 10-2765, Fidelity Funding Company, 10-2766, Fidelity Funding Company, 10-2767, Fidelity Funding Company 10-2768, Fidelity Funding Company, 10-2769, Railco, Inc., 10-2770, Ninth Street Development, LLC, Ninth Street, Inc., 10-2771, Railco, Inc., 10-2772, Rachel Young, James Young, Jessica Young, Fidelity Funding Company, and Carl E. Kingston, as Trustee under Deed of Trust, 10-2773, Coalt, Inc., 10-2774, N.W.R. Limited Partnership and its general partner N.U.R., Inc., 10-2775, Four Corners Precision Mfg. Co., 10-2776, Ninth Street Development, LLC, Ninth Street, Inc., 10-2777, Four Corners Precision Mfg. Co., 10-2778, D.U. Company, Inc., 10-2779, Railco, Inc., 10-2780, Railco, Inc., 10-2781, SMC Electrical Products, Inc., Becker Mining America, Inc., 10-2782, L.A. Miller, 10-2783, Attco Trucking Company, Inc. dba CTC Trucking, and CTC Trucking LLC, 10-2785, Graymont Wester US, Inc., Hiawatha Coal Company and Standard Industries, Inc., 10-2787, Standard Industries, Inc., 10-2789, America West Marketing, Inc. Hiawatha Coal Company, Inc. and Standard Industries, Inc., 10-2791, Coalt, Inc., 10-2810, Security Funding Company, 10-2816, Tennessee Valley Authority and Standard Industries, Inc., 10-2818, National Business Management, Inc. and Ruth Brown dba "NBM", 10-2819, National Business Management, Inc. and Ruth Brown dba "NBM", 10-2820, National Business Management, Inc. and Ruth Brown dba "NBM", 10-2853, House of Pumps, Inc., 10-2855, Trimac Transportation Central, Inc., 10-2865, Standard Industries, Inc., Defendants.

United States Bankruptcy Court, D. Utah.

Signed June 20, 2014.


Attorney(s) appearing for the Case

Peter W. Billings, Jr. , Douglas J. Payne , Fabian & Clendenin, Salt Lake City, UT, for Plaintiff.

P. Matthew Cox , David L. Pinkston , Kim R. Wilson , Snow Christensen & Martineau, David R. Hague , Fabian & Clendenin, F. Mark Hansen , Peter W. Guyon Salt Lake City, UT, for Defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER DENYING TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT, GRANTING DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT, AND DISMISSING DEFENDANTS' RULE 56(d) MOTION AS MOOT

R. KIMBALL MOSIER, Bankruptcy Judge.

Once again we are addressing Kenneth A. Ruston's (Trustee)1 argument that he is entitled to recover the full market value of more than a million tons of coal that C.W....

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