Legal Opinion

Alabama Surface Mining Commission v. N.P. Mining Co.

District Court, N.D. Alabama

Decided April 1, 1991No. CV91-PT-83-WPublished

1Opinion of the Court

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes on to be heard on an appeal from an order of the Bankruptcy Court dated November 20, 1990. 124 B.R. 846. Pursuant to this court’s order of March 19 (filed March 20), 1991, there is no factual dispute.1 The issues to be decided by the court are purely legal. The following findings of the Bankruptcy Court are pertinent to this court’s review of the Bankruptcy Court’s conclusions of law.

On February 6, 1987, N.P. Mining Company, a privately owned corporation engaged in leasing, mining and selling coal, filed a voluntary petition for relief…

2Cases cited6 opinions

  1. Ogle v. LeeSupreme Court of the United States · 1804
  2. United States v. FeinblattDistrict Court, D. Maryland · 1975
  3. In the Matter of Unified Control Systems, Inc., Bankrupt. James S. Mahon, Trustee in Bankruptcy v. United States Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1978
  4. In Re Joel Kline, Bankrupt. United States of America, Internal Revenue Service v. Eugene M. Fleinblatt, TrusteeCourt of Appeals for the Fourth Circuit · 1977
  5. United States Department of Interior v. James W. Elliott, Jr., Trustee, in Re Elkins Energy Corp., DebtorCourt of Appeals for the Fourth Circuit · 1985

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