Sterling Mining Co. v. Kilgore (In Re Sterling Mining Co.)

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue before the Court is whether to grant relief from the automatic stay established in § 362 of the Bankruptcy Reform Act of 1978 (the Code), 11 U.S.C. § 362(a), to allow an employee grievance to proceed to arbitration pursuant to a wage contract between the plaintiff debtor, Sterling Mining Company, Inc. (Sterling), and the United Mine Workers of America, District 28 (UMW).

The debtor, Sterling, filed its petition for relief in this Court under Chapter 11 of the Code on November 21, 1980. On or about September 16, 1981, the…