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IN RE HNRC DISSOLUTION CO.

No. 20-5396.

3 F.4th 912 (2021)

IN RE: HNRC DISSOLUTION CO., Debtor. Alliance WOR Properties, LLC, Appellant, v. Illinois Methane, LLC, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 12, 2021.

Attorney(s) appearing for the Case

ARGUED: Thomas C. Scherer , DENTONS BINGHAM GREENEBAUM LLP, Indianapolis, Indiana, for Appellant. James L. Van Winkle , ILLINOIS METHANE, LLC, McLeansboro, Illinois, for Appellee. ON BRIEF: Thomas C. Scherer , DENTONS BINGHAM GREENEBAUM LLP, Indianapolis, Indiana, Christopher B. Madden , DENTONS BINGHAM GREENEBAUM LLP, Louisville, Kentucky, for Appellant. James L. Van Winkle , ILLINOIS METHANE, LLC, McLeansboro, Illinois, Elizabeth Lee Thompson , Katie M. Glass , STITES & HARBISON PLLC, Lexington, Kentucky, for Appellee.

Before: GIBBONS, COOK, and LARSEN, Circuit Judges.

OPINION

In 1998, the Old Ben Coal Company (Old Ben) conveyed its rights to the methane gas in various coal reserves to the appellee in this case, Illinois Methane, LLC (Methane). As part of that $2.6 million transaction, Old Ben agreed to a "Delay Rental Obligation" that required the owner of the coal estate to pay...

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