Rhino Energy LLC v. C.O.P. Coal Development Co. (In re C.W. Mining Co.)

MEMORANDUM DECISION

R. KIMBALL MOSIER, U.S. Bankruptcy Judge

Rhino Energy LLC and Castle Valley Mining LLC (collectively “Rhino”) have moved for summary judgment on Count VI of their Second Amended Complaint (Count VI) and on the twenty-two counterclaims (Amended Counterclaims) filed by Defendants C.O.P. Coal Development Company (COP) and ANR Company, Inc. (ANR). Rhino is asking for a judgment declaring that COP and ANR are estopped from asserting breach of contract claims based on Rhino’s coal mining methods and plan, which have been approved by the United States Department of Interior, Bureau…