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IN RE N.P. MIN. CO., INC.

No. 91-7342.

963 F.2d 1449 (1992)

In re N.P. MINING COMPANY, INC., Debtor. ALABAMA SURFACE MINING COMMISSION, Plaintiff-Appellant, v. N.P. MINING COMPANY, INC., Defendant-Appellee, C. MICHAEL STILSON, Trustee.

United States Court of Appeals, Eleventh Circuit.

June 23, 1992.

Attorney(s) appearing for the Case

Grady M. McCarthy, Jr., William B. Ware, Jasper, Ala., for plaintiff-appellant.

David A. Larsen, Susan S. Wagner, Berkowitz, Lefkovits, Ison & Kushner, Birmingham, Ala., for Trustee.

Ronald Lee Davis, Ezra Kenneth Aycock, Jr., Rosen, Cook, Sledge, Davis, Carrol, Jones & Adcox, P.A., Tuscaloosa, Ala., for defendant-appellee.

Before KRAVITCH, Circuit Judge, HENDERSON and CLARK, Senior Circuit Judges.

KRAVITCH, Circuit Judge:

The Alabama Surface Mining Commission ("ASMC" or "Commission") appeals from a decision of the bankruptcy court, affirmed by the district court, holding that under the facts of this case, punitive civil penalties assessed after the debtor filed a voluntary petition for protection under chapter 11 and before the case was converted to chapter 7 liquidation proceedings were not entitled to administrative-expense

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