Jubber v. Hiawatha Coal Proceeds (In re C.W. Mining Co. )

FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER DENYING TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT, GRANTING DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT, AND DISMISSING DEFENDANTS’ RULE 56(d) MOTION AS MOOT

R. KIMBALL MOSIER, Bankruptcy Judge.

Once again we are addressing Kenneth A. Ruston’s (Trustee)1 argument that he is entitled to recover the full market value of more than a million tons of coal that C.W. Mining Company (Debtor) did not mine. This matter has been remanded to this Court to further address the Trustee’s claims that coal the Debtor did not mine is property of…