IN RE NEWKIRK MINING CO.

No. 26973.

238 F.Supp. 1 (1964)

In the Matter of NEWKIRK MINING CO., Bankrupt.

United States District Court E. D. Pennsylvania.

December 16, 1964.


Attorney(s) appearing for the Case

Fred C. Pace, Mahanoy City, Pa., for trustee.

John J. Curran, Pottsville, Pa., for Reading Anthracite Co.

Burke, Bowe, Dolbin & Heffner, Tamaqua, Pa., for petitioner.


GRIM, District Judge.

A lessor of certain coal bearing lands has petitioned this court to review the bankruptcy referee's order permitting a trustee in bankruptcy to sell free and clear of any interest of the lessor certain quantities of coal silt, slate and refuse material produced by the bankrupt lessee and deposited by it on lessor's premises prior to the bankruptcy.

Under a ten year renewable lease executed in 1956, Newkirk Mining Company, the bankrupt...

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