Legal Opinion

Rhino Energy LLC v. C.O.P. Coal Development Co. (In re C.W. Mining Co.)

District Court, D. Utah

Decided July 10, 2015No. Bankruptcy No. 08-20105; Adversary No. 11-2250; No. 2:13-CV-924-TCPublished

1Opinion of the Court

MEMORANDUM DECISION AND ORDER ON BANKRUPTCY APPEAL

TENA CAMPBELL, District Judge.

This appeal arises out of the Chapter 7 involuntary bankruptcy of C.W. Mining Company, former operator of the Bear Canyon coal mine in Utah.

INTRODUCTION

Appellees C.O.P. Coal Development Company (COP Coal) and ANR Company, Inc. (ANR) (collectively COP) are owners of land on which the coal mine is situated. C.W. Mining Company (the Debtor) had Operating Agreements with COP Coal and ANR before the bankruptcy petition was filed. Paragraph 5 of those agreements sets forth a standard for operating the mine.

After the…

2Cases cited12 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009
  3. In Re Billie Lamont Gardner, Debtor. Terryl A. Gardner v. United States of America, and William H. Zimmerman, Jr., TrusteeCourt of Appeals for the Tenth Circuit · 1990
  4. Olcott v. Delaware Flood Co.Court of Appeals for the Tenth Circuit · 2003
  5. United States v. PineiroCourt of Appeals for the Fifth Circuit · 2006

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