Armco, Inc. v. Cherry Pond Coal Co. (In Re Cherry Pond Coal Co.)

ORDER

COPENHAVER, District Judge.

In this case governed by the Bankruptcy Reform Act of 1978, 1 plaintiff Armco, Inc. filed its complaint in bankruptcy court seeking injunctive relief against defendants Cherry Pond Coal Company, a Chapter 11 debtor, and Kessler Coals, Inc. Armco seeks to restrain Kessler from mining coal on Armco property and to recover compensatory damages for coal previously removed, all of which Kessler claims a right to mine under a contract with Cherry Pond.

The bankruptcy judge, concluding under Northern Pipeline Construction Co. v. Marathon Pipe Line Co., - U.S. -, 102…