Legal Opinion

David J. Pierce Trust v. Alpha Natural Resources, Inc.

District Court, E.D. Virginia

Decided February 21, 2017No. Case No. 15-33896-KRH (Jointly Administered), Case No. 3:16-cv-709-HEHPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

(Affirming the Decision of the United States Bankruptcy Court)

Henry E. Hudson, United States District Judge

THIS MATTER is before the Court on appeal from the United States Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”). It evolves from a dispute as to whether an agreement for royalty payments from coal mined-on certain -tracts of land is an execu-tory contract that the debtors may reject under § 365 of the Bankruptcy Code.1 Appellants objected to the debtors’ rejection of the agreement, arguing, that it conveyed an interest in real property…

2Cases cited14 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  3. MULLINNIX LLC v. HKB Royalty TrustWyoming Supreme Court · 2006
  4. DeWitt v. BalbenWyoming Supreme Court · 1986
  5. Meeker v. Ambassador Oil Corp.Supreme Court of the United States · 1963

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3Cited by1 opinion

  1. David J. Pierce Trust U/A v. Alpha Natural Resources, Inc. (In Re: Alpha Natural Resources, Inc.)Court of Appeals for the Fourth Circuit · 2018

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