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CONSUMERS COAL CO. v. PELLET COAL EXPORT CO., INC.

Bankruptcy No. 3-79-550, Adv. No. 3-81-0305.

14 B.R. 68 (1981)

CONSUMERS COAL COMPANY, 1220 Winters Bank Tower, Dayton, Ohio 45423, Plaintiff, v. PELLET COAL EXPORT COMPANY INC., 439 Main Street, Carrollton, Ky. 41008, Defendant. In the Matter of CONSUMERS COAL COMPANY, Debtor.

United States Bankruptcy Court, S.D. Ohio, W.D.

August 31, 1981.

Attorney(s) appearing for the Case

Frank Root, Roy H. Horn, Paul E. Zimmer, Dayton, Ohio, for plaintiff.

Douglas G. Cole, Cincinnati, Ohio, for Cinti Gas & Elec. Co.

Robert J. Egan, New York City, for plaintiffs David W. Dukhouse and Frederick J. Baumann.

Stanley N. Billingsley, Carrollton, Ky., Paul D. Rice, Cincinnati, Ohio, for defendant.

DECISION AND ORDER

ANDERSON, Bankruptcy Judge.

PRELIMINARY PROCEDURE

An involuntary petition in bankruptcy was filed on 19 January 1979 by Cincinnati Gas & Electric Company against Consumers Coal Company, a Kentucky Corporation, in the Eastern District of Kentucky; and transferred to the Southern District of Ohio on 6 April 1979 for trial and administration.

On 24 July 1979 pursuant to a Decision and Order, an adjudication in bankruptcy...

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