IN RE C.W. MINING CO.

Nos. 10-4023, 10-4033.

636 F.3d 1257 (2011)

In the Matter of C.W. MINING COMPANY, a/k/a Co-op Mining Company, Debtor. C.W. Mining Company, Appellant/Cross-Appellee, v. Aquila, Inc.; Owell Precast, LLC, Appellees, Kenneth A. Rushton, Trustee, Intervenor-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

February 14, 2011.


Attorney(s) appearing for the Case

Russell S. Walker , Woodbury & Kesler, P.C., Salt Lake City, UT, ( David R. Williams and Anthony M. Grover with him on the briefs), for Appellant/Cross-Appellee.

Brent D. Wride , Ray Quinney & Nebeker P.C., Salt Lake City, UT, ( Steven W. Call and Eleaine A. Monson with him on the briefs), for Appellees/Cross-Appellants Aquila, Inc. and Owell Precast, LLC ( Tyler S. Foutz , Olsen Skoubye & Nielson, LLC, with them on the briefs).

Michael N. Zundel , Prince, Yeates & Geldzahler, Salt Lake City, UT, ( Aaron B. Millar with him on the briefs), for Intervenor-Appellee/Cross-Appellant Kenneth A. Rushton, Trustee.

Before LUCERO, HARTZ, and HOLMES, Circuit Judges.


LUCERO, Circuit Judge.

C.W. Mining Corporation ("C.W.") is the debtor in this involuntary Chapter 7 bankruptcy proceeding. On summary judgment, the bankruptcy court determined that the creditors who filed the involuntary petition were "qualifying creditors" as required to trigger involuntary bankruptcy. C.W.'s former managers ("the Managers"),1 purporting to act on C.W.'s behalf, appealed the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases