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IN RE LICKING RIVER MINING, LLC

No. 17-6310.

911 F.3d 806 (2018)

IN RE: LICKING RIVER MINING, LLC, Debtor. East Coast Miner LLC; East Coast Miner II LLC; Keith Goggin; Michael Goodwin, Appellants, v. Nixon Peabody LLP; DelCotto Law Group PLLC; GlassRatner Advisory & Capital Group, LLC; John J. Brogan; Foley & Lardner, LLP; Barber Law PLLC, The John T. Boyd Company; Samuel K. Crocker; Phaedra Spradlin, Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 28, 2018.

Attorney(s) appearing for the Case

ARGUED: John C Goodchild, III , MORGAN, LEWIS & BOCKIUS, LLP, Washington, D.C., for Appellants. Geoffrey S. Goodman , FOLEY & LARDNER LLP, Chicago, Illinois, for Appellees. ON BRIEF: John C Goodchild, III , MORGAN, LEWIS & BOCKIUS, LLP, Philadelphia, Pennsylvania, Bryan Killian , Stephanie Schuster , Washington, D.C., for Appellants. Geoffrey S. Goodman , FOLEY & LARDNER LLP, Chicago, Illinois, Laura Day DelCotto , DELCOTTO LAW GROUP PLLC, Lexington, Kentucky, Kent Barber , BARBER LAW PLLC, Lexington, Kentucky, Christopher M. Desiderio , NIXON PEABODY LLP, New York, New York, Stephen D. Lerner , Elliot M. Smith , SQUIRE PATTON BOGGS (US) LLP, Cincinnati, Ohio, for Appellees.

Before: MERRITT, DAUGHTREY, and STRANCH, Circuit Judges.

OPINION

This appeal arises from the involuntary bankruptcy of U.S. Coal Corporation and its subsidiaries. U.S. Coal is the parent of debtor Licking River Mining, a company that operated in eastern Kentucky. The appellants are East Coast Miner LLC, East Coast Miner II LLC, Keith Goggin, and Michael Goodwin, generally...

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