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IN RE PATRIOT COAL CORP.

BAP No. 13-6031.

497 B.R. 36 (2013)

In re PATRIOT COAL CORPORATION, also known as Eastern Coal Holding Company, Inc., also known as Patriot Coal Corporation Midwest, Debtor. Patriot Coal Corporation; Heritage Coal Company LLC, Plaintiffs-Appellants v. Peabody Holding Company, LLC; Peabody Energy Corporation, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: August 21, 2013.

Attorney(s) appearing for the Case

Elliot Moskowitz, argued , New York, NY, Jonathan D. Martin , Elliot Moskowitz , Marshall S. Huebner , Benjamin S. Kaminetzky , Andrew S. Gehring , on the brief, New York, NY, for appellant.

John M. Newman, Jr. , argued, Cleveland, OH, Thomas Blumeyer Weaver , Susan K. Ehlers , Saint Louis, MO, John M. Newman, Jr. , Carl E. Black , David G. Heiman , Cleveland, OH, Robert W. Hamilton , on the brief, Columbus, OH, for appellee.

Before FEDERMAN, Chief Judge, KRESSEL and SHODEEN, Bankruptcy Judges.

KRESSEL, Bankruptcy Judge.

The appellants, Patriot Coal Corporation and Heritage Coal Company, LLC, appeal from the bankruptcy court's summary judgment denying their request for declaratory relief and granting summary judgment to the appellees, Peabody Holding Company, LLC, and Peabody Energy Corporation. Patriot Coal Corp. v. Peabody Holding Co., LLC, 493 B.R. 530 (Bankr. E.D.Mo.2013). Patriot Coal and Heritage Coal sought declaratory...

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