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IN RE ELKINS ENERGY CORP.

Bankruptcy No. 79-00063-B, Complaint No. 16.

42 B.R. 576 (1984)

In re ELKINS ENERGY CORPORATION, Debtor. Harrison COMBS, et al., Plaintiffs, v. ELKINS ENERGY CORPORATION, Defendant.

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

September 18, 1984.

Attorney(s) appearing for the Case

Robert T. Copeland, Abingdon, Va., and James E. Nunley, Bristol, Va., for debtor.

James W. Elliott, Jr., Bristol, Va., Chapter IV Trustee.

Stuart B. Campbell, Jr., Wytheville, Va., for plaintiffs.

William F. Hanrahan, and Walter P. O'Connell, UMWA Health & Retirement Funds, Washington, D.C.

MEMORANDUM OPINION

H. CLYDE PEARSON, Bankruptcy Judge.

Trustees of the United Mine Workers of America Health and Retirement Fund ("Fund"), on March 5, 1982 filed a complaint in this court against the Debtor and Trustee seeking allowance of a priority administrative claim of funds due the Fund under the National Bituminous Coal Wage Agreement of 1978 and 1981.

The essential facts are not disputed. In 1979, Elkins Energy Corporation, a large coal mining...

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