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IN RE CONCORD COAL CORP.

Bankruptcy No. 80-20299, Adv. No. 80-0196.

11 B.R. 552 (1981)

In re CONCORD COAL CORPORATION, Debtor. E. Newbold SMITH, Plaintiff, v. CONCORD COAL CORPORATION, Defendant.

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

February 2, 1981.

Attorney(s) appearing for the Case

Guy R. Bucci, Charleston, W. Va., for E. Newbold Smith.

Raymond G. Dodson, Charleston, W. Va., for Concord Coal Corp.

MEMORANDUM OF OPINION

EDWIN F. FLOWERS, Bankruptcy Judge.

E. Newbold Smith, the holder of a one-third equity security interest in the Debtor corporation, seeks the ouster of the Debtor's current management and the appointment of a trustee under 11 U.S.C. § 1104. Mr. Smith's request is supported by a unanimous Creditors' Committee.

The matter comes for determination on an application and a complaint filed by Mr. Smith, the complaint seeking injunctive...

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