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IN RE C.W. MIN. CO.

Nos. 12-4091, 12-4102, 12-4106, 12-4112, 12-4132, 12-4144.

740 F.3d 548 (2014)

In re C.W. MINING COMPANY, doing business as Co-Op Mining Company, Debtor. Kenneth A. Rushton, Trustee, Plaintiff-Appellee, ANR Company, Inc.; Hiawatha Coal Company, Inc.; Charles Reynolds; C.O.P. Coal Development Company; Standard Industries, Inc.; ABM, Inc.; World Enterprises; Security Funding, Inc.; Fidelity Funding, Inc.; and P.P.M.C., Inc., Defendants-Appellants, and Rhino Energy LLC; Castle Valley Mining LLC, Interested Parties-Appellees.

United States Court of Appeals, Tenth Circuit.

January 22, 2014.

Attorney(s) appearing for the Case

Laura J. Fuller , Law Offices of Laura J. Fuller, Salt Lake City, UT, for Appellant ANR Company, Inc. in Case No. 12-4091.

Peter W. Guyon , Salt Lake City, UT, for Appellant Hiawatha Coal Company, Inc. in Case Nos. 12-4102 and 12-4144.

Russell S. Walker ( David R. Williams and Anthony M. Grover with him on the briefs), Woodbury & Kesler, P.C., Salt Lake City, UT, for Appellant Charles Reynolds in Case No. 12-4106.

David L. Pinkston ( Kim R. Wilson and P. Matthew Cox with him on the briefs), Snow Christensen & Martineau, Salt Lake City, UT, for Appellant C.O.P. Coal Development Company in Case Nos. 12-4112 and 12-4132.

George B. Hofmann , Parsons Kinghorn Harris , A Professional Corporation, Salt Lake City, UT ( William F. Dobbs, Jr. , and William C. Ballard , Jackson Kelly PLLC, Charleston, WV, with him on the briefs for Appellees Castle Valley Mining, LLC and Rhino Energy, LLC), and James C. Swindler ( Michael N. Zundel with him on the briefs), Prince, Yeates & Geldzahler, Salt Lake City, UT, for Appellee Kenneth A. Rushton, Trustee in Case Nos. 12-4091, 12-4102, 12-4106, 12-4112, 12-4132, and 12-4144.

Before TYMKOVICH, BRORBY, and MURPHY, Circuit Judges.

TYMKOVICH, Circuit Judge.

These appeals arise from a Chapter 7 asset sale for the liquidating bankruptcy estate of C.W. Mining Co., a former coal mining operation in Emery County, Utah. The four appellants did business with C.W. Mining before its involuntary bankruptcy. They now claim various assets that the bankruptcy trustee, Kenneth A. Rushton, sold to an unrelated entity, Rhino Energy LLC.

Standing in the way of the appellants' claims is one of the Bankruptcy...

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