Rushton v. Tennessee Valley Authority (In re C.W. Mining Co.)

FINDINGS AND CONCLUSIONS IN SUPPORT OF ORDER GRANTING TENNESSEE VALLEY AUTHORITY’S MOTION FOR SUMMARY JUDGMENT

R. KIMBALL MOSIER, Bankruptcy Judge.

This adversary proceeding is one of many brought by Kenneth A. Rushton (Trustee) that puts the relationship between C.W. Mining Company (Debtor) and Standard Industries, Inc. at issue. In a related consolidated adversary proceeding, this Court has entered partial summary judgment (Agency Ruling) finding that Standard acted as the Debtor’s authorized agent for the sale of coal, with authority to request and receive payments from coal purchasers,…