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IN RE STERLING MIN. CO., INC.

Bankruptcy No. 7-80-01316, Adv. No. 7-82-0063.

21 B.R. 66 (1982)

In re STERLING MINING COMPANY, INC., Debtor. STERLING MINING COMPANY, INC., Plaintiff, v. Robert S. KILGORE and District 28, United Mine Workers of America and Gerald Sharp and John Hayes and Donald Gilbert and Bobby Hodges and John Chaffin, Defendants.

United States Bankruptcy Court, W.D. Virginia, Big Stone Gap Division.

March 23, 1982.

Attorney(s) appearing for the Case

James E. Nunley, Bristol, Va., for plaintiff.

Gerald F. Sharp, Castlewood, Va., for defendants.

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue before the Court is whether to grant relief from the automatic stay established in § 362 of the Bankruptcy Reform Act of 1978 (the Code), 11 U.S.C. § 362(a), to allow an employee grievance to proceed to arbitration pursuant to a wage contract between the plaintiff debtor, Sterling Mining Company, Inc. (Sterling), and the United Mine Workers of America, District 28 (UMW)...

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