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AMERICAN COAL TERMINAL, INC. v. ETERA, LLC

No. 2023-CA-0068-MR.

AMERICAN COAL TERMINAL, INC.; SNR RAILOPS LLC; SNR RIVER OPS LLC; AND STELLA NATURAL RESOURCES, INC., Appellants, v. ETERA, LLC; BOYD COUNTY, KENTUCKY; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE; COMMONWEALTH OF KENTUCKY, ENERGY AND ENVIROMENT CABINET; DYING EMBER COAL COMPANY LLC; KENTUCKY REVENUE CABINET; MID SOUTH CAPITAL PARTNERS, LP; ROGER W. HALL; AND TRIMBLE COAL SALES, LLC, Appellees, AND AMERICAN COAL TERMINAL, INC.; SNR RAILOPS LLC; SNR RIVER OPS LLC; AND STELLA NATURAL RESOURCES, INC. Appellants, v. ETERA, LLC; BOYD COUNTY, KENTUCKY; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVENUE; COMMONWEALTH OF KENTUCKY, ENERGY AND ENVIRONMENT CABINET; DYING EMBER COAL COMPANY LLC; KENTUCKY REVENUE CABINET; MID SOUTH CAPITAL PARTNERS, LP; ROGER W. HALL, BOYD COUNTY MASTER COMMISSIONER; AND TRIMBLE COAL SALES, LLC, Appellees.

Court of Appeals of Kentucky.

Rendered: August 30, 2024.

Attorney(s) appearing for the Case

Matthew R. Lindblom, Louisville, Kentucky, Briefs for Appellants.

Michael J. Gartland, Dean A. Langdon, Lexington, Kentucky, Brief for Appellee Etera, LLC.

Nicole Burke, Assistant Boyd County Attorney, Catlettsburg, Kentucky, Brief for Appellees Boyd County, Kentucky, and Kentucky Revenue Cabinet.

BEFORE: LAMBERT, McNEILL, AND TAYLOR, JUDGES.

OPINION AND ORDER

The above-captioned appellants separately appeal two summary judgments of the Boyd Circuit Court relating to a breach of contract and foreclosure action filed against them by MidCap Funding XVII Trust ("MidCap"). Their first appeal, No. 2023-CA-0068-MR, is of a monetary judgment...

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