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IN RE ALMA ENERGY, LLC

Bankruptcy No. 07-70370. Adversary No. 09-7005.

521 B.R. 1 (2014)

In re ALMA ENERGY, LLC, Debtor. Phaedra Spradlin, solely in her capacity as the Chapter 7 Trustee of Alma Energy, LLC, and THC Kentucky Coal Venture I LLC, Plaintiffs v. Darrell K. Williams, et al., Defendants.

United States Bankruptcy Court, E.D. Kentucky, Pikeville Division.

Signed October 22, 2014.

Attorney(s) appearing for the Case

Paul Stewart Snyder , Ashland, KY, for Debtor.

J. Wesley Harned , DelCotto Law Group PLLC, Gregory R. Schaaf , Lexington, KY, John Lucian , Philadelphia, PA, Jodi Lynn Foss , Gordon & Simmons, Frederick, MD, for Plaintiffs.

T. Kent Barber , Barber Law PLLC, John Thomas Hamilton , Gess Mattingly & Atchison, Lexington, KY, Matthew S. Johnston , Brian M. Maul , Roger C. Simmons , Gordon & Simmons LLC, Frederick, MD, Dennis E. Kelley , Huntington, WV, Christopher G. O'Brien , Ft. Myers, FL, for Defendants.

Allison F. Arbuckle , Norfolk, VA, Michael J. Gartland , DelCotto Law Group PLLC, Lexington, KY, for Plaintiffs/Defendants.

MEMORANDUM OPINION

JOE LEE, Bankruptcy Judge.

This case presents what appears to be a question of first impression in this or any other court. This Court entered two merits judgments in this action. One was appealed; the other wasn't. On appeal, the District Court held this Court lacked jurisdiction over this action and vacated the appealed judgment; the Sixth Circuit, in an unpublished opinion, affirmed. Now, the judgment losers in the unappealed...

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