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IN RE C.W. MIN. CO.

No. 13-4175.

798 F.3d 983 (2015)

In re C.W. MINING COMPANY, Debtor. Gary E. Jubber, Trustee, Appellant, v. SMC Electrical Products, Inc.; Becker Mining America, Inc., Appellees.

United States Court of Appeals, Tenth Circuit.

August 10, 2015.

Attorney(s) appearing for the Case

Peter W. Billings , Fabian & Clendenin, Salt Lake City, Utah ( Gary E. Jubber and Douglas J. Payne , Fabian & Clendenin; and Michael N. Zundel and Callie Buys Rogers , Prince, Yeates & Geldzahler, Salt Lake City, Utah, with him on the briefs), for Appellant.

Jeffrey L. Shields ( Jacob D. Lyons , with him on the brief), Callister Nebeker & McCullough, Salt Lake City, Utah, for Appellees.

Before KELLY, LUCERO, and HARTZ, Circuit Judges.

C.W. Mining Company, a coal-mining company, was forced into bankruptcy after creditors filed a petition for involuntary bankruptcy on January 8, 2008. Several months before the petition was filed, C.W. Mining had entered into its first contract with SMC Electrical Products, Inc. — an agreement to purchase equipment with...

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