Scott v. Island Creek Coal Co. (In Re Williamson Shaft & Slope Co.)

OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

R. J. SIDMAN, Bankruptcy Judge.

This matter is before the Court on a Motion for Summary Judgment filed by Thomas C. Scott, the trustee in bankruptcy (“Trustee”) for Williamson Shaft and Slope Company, seeking judgment against the Silver Knob Sand Company, Inc. (“Silver Knob”), one of the defendants in this adversary proceeding.

The Court finds the following facts to be essentially uncontroverted. On August 6, 1975, Williamson Shaft and Slope Company (“Williamson”) submitted a bid proposal for work on the North Branch Mine No. 1, Island Creek Coal…