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IN RE ORLANDO COALS, INC.

Bankruptcy No. 80-10053, Adv. No. 80-0115.

6 B.R. 721 (1980)

In re ORLANDO COALS, INC., Debtor. WEST VIRGINIA TRACTOR & EQUIPMENT CO., INC., Plaintiff, v. ORLANDO COALS, INC., Defendant.

United States Bankruptcy Court, S.D. West Virginia.

October 31, 1980.

Attorney(s) appearing for the Case

Marshall C. Spradling, Charleston, W. Va., for plaintiff, West Virginia Tractor & Equipment Co., Inc.

Joseph R. Goodwin, Charleston, W. Va., for defendant, Orlando Coals, Inc.

MEMORANDUM OF OPINION

EDWIN F. FLOWERS, Bankruptcy Judge.

The Plaintiff, West Virginia Tractor & Equipment Co., Inc., seeks a lifting of the automatic stay imposed by 11 U.S.C. § 362(a) to permit it to foreclose upon a coal preparation plant in the Debtor's possession secured by a deed of trust. In the alternative, the Plaintiff asks for adequate protection in the form of periodic monthly cash payments in an amount to be set by the Court.

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