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TAGGART GLOBAL OPERATIONS, LLC v. ELK HORN COAL CO. LLC

Nos. 2012-CA-000329-MR, 2012-CA-000369-MR.

415 S.W.3d 665 (2013)

TAGGART GLOBAL OPERATIONS, LLC, Appellant v. The ELK HORN COAL COMPANY, LLC; Nautilus Capital Markets, Ltd.; and Goose Creek Energy, Inc., Appellees. and Nautilus Capital Markets, Limited, Appellant v. The Elk Horn Coal Company, LLC; Goose Creek Energy, Inc.; Uriah Bement Coal, Inc.; and Taggart Global Operations, LLC, Appellees.

Court of Appeals of Kentucky.

Modified and Ordered Published October 25, 2013.

Attorney(s) appearing for the Case

C. Bishop Johnson , Pineville, KY, for appellant Taggart Global Operations, LLC.

Denise H. McClelland , Lexington, KY, for appellant Nautilus Capital Markets, Ltd.

William S. Kendrick , Prestonsburg, KY, for appellee The Elk Horn Coal Company.

Before DIXON, MOORE and TAYLOR, Judges.

OPINION

DIXON, Judge:

Taggart Global Operations, LLC and Nautilus Capital Markets, Ltd appeal from a summary judgment order of the Floyd Circuit Court determining the priority of all parties' respective interests in the remaining property of Goose Creek Energy, Inc., including a coal preparation plant, scales and scale house, miscellaneous personal property and storage buildings (collectively the "plant"), as well as any salvageable coal previously...

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