L.T. Ruth Coal Co. v. Big Sandy Coal & Coke Co. (In Re L.T. Ruth Coal Co.)

MEMORANDUM OPINION

JOE LEE, Bankruptcy Judge.

This matter is pending on—

1. the motion of the defendants to remand this action to the Floyd County Circuit Court, and,

2. the motion of the plaintiff debtor in possession to assume the mineral leases which are the subject of this action.

FINDINGS OF FACT:

On June 6, 1976 the defendant, Big Sandy Coal and Coke Company, entered into a lease with the defendant, Kentucky Chestnut Coals, Inc., whereby the latter was granted the “sole and exclusive right and privilege of mining and removing all the merchantable and mineable coal, lying and being in, upon…