IN RE MILLERS COVE ENERGY CO.

No. 96-6400.

128 F.3d 449 (1997)

In re MILLERS COVE ENERGY COMPANY, INC., Debtor. MILLERS COVE ENERGY COMPANY, INC., et al., Plaintiffs-Appellees, v. Ronald L. MOORE, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 23, 1997.


Attorney(s) appearing for the Case

Michael A. Bragg (argued and briefed), Yeary, Tate, Lowe & Jessee, Abingdon, VA, for Defendants-Appellants.

William T. Ramsey (argued and briefed), Neal & Harwell, Nashville, TN, David B. Jordan, Jr. (briefed), Dave B. Jordan, Kingsport, TN, for Plaintiffs-Appellees.

Before: KENNEDY and SILER, Circuit Judges; DUGGAN, District Judge.


OPINION

KENNEDY, Circuit Judge.

Defendants in this adversary proceeding appeal the District Court's order of remand to the Bankruptcy Court that directs the recalculation of damages due plaintiffs for defendants' breach of two coal mining leases between the parties. Due to the absence of certification pursuant to FED.R.Civ.P. 54(b) that the District Court order is final within the meaning of 28 U.S.C. § 158...

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