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IN RE C.W. MINING CO.

Nos. 09-0018-, 10-4054.

641 F.3d 1235 (2011)

In the Matter of C.W. MINING COMPANY, d/b/a Co-op Mining Company, Debtor. C.O.P. Coal Development Company, Appellant, v. C.W. Mining Company; Kenneth A. Rushton, Trustee; Aquila, Inc.; Hiawatha Coal Company, Inc., Appellees.

United States Court of Appeals, Tenth Circuit.

April 19, 2011.

Attorney(s) appearing for the Case

David L. Pinkston ( Kim R. Wilson and P. Matthew Cox , with him on the briefs), Snow Christensen & Martineau, Salt Lake City, UT, for Appellant.

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

Brent D. Wride ( Steven W. Call and Elaine A. Monson , with him on the brief), Ray Quinney & Nebeker P.C., Salt Lake City, UT, for Appellee Aquila, Inc.

Before KELLY, McKAY, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

This appeal asks whether the bankruptcy court correctly determined that the Coal Operating Agreement (the "Agreement") between the debtor, C.W. Mining Company ("CWM"), and appellant, C.O.P. Coal Development Company ("COP"), was property of the debtor's bankruptcy estate and could therefore be assumed and sold by the trustee. COP claims that the Agreement automatically terminated shortly after the bankruptcy petition was filed and that the...

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