First National Bank of Louisville v. Hurricane Elkhorn Coal Corp. (In re Hurricane Elkhorn Coal Corp.)

ORDER OVERRULING MOTION TO ALTER JUDGMENT

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

After time had expired for the filing of a notice of appeal, Logan-Kanawha has sought an alternate medium for the avoidance of this court’s final order of April 28, 1982. The effort takes the form of a “motion to alter judgment.”

The motion does not seek “alteration” as that term is understood in practice — such as an amendment of the findings of fact upon which a judgment rests — but rather an absolute reversal of the substantive judgment itself.

The memorandum supporting the motion essentially argues (1) an…