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IN RE C.W. MIN. CO.

Bankruptcy No. 08-20105. Adversary No. 09-2047.

509 B.R. 378 (2014)

In re C.W. MINING COMPANY, dba Co-Op Mining Company, Debtor. Kenneth A. Rushton, Chapter 7 Trustee, Plaintiff, v. Standard Industries, Inc., ABM, Inc., Fidelity Funding Company, Security Funding, Inc., World Enterprises, UtahAmerican Energy, Inc., Defendants. UtahAmerican Energy, Inc., Counter-Plaintiff, Cross-Plaintiff and Third-Party Plaintiff v. Kenneth A. Rushton, Chapter 7 Trustee, Counter-Defendant, Standard Industries, Inc., Cross-Defendant, and Aquila, Inc., Third-Party Defendant.

United States Bankruptcy Court, D. Utah.

Signed March 31, 2014.

Attorney(s) appearing for the Case

Brent D. Wride, Steven W. Call, Elaine A. Monson, Ray Quinney & Nebeker P.C., Salt Lake City, UT, for Aquila, Inc.

Peter W. Billings, Jr., Douglas J. Payne, Fabian & Clendenin, Salt Lake City, UT, for the Chapter 11 Trustee.

Kenneth A. Rushton, Trustee Lehi, UT Former Chapter 7 Trustee.

Michael N. Zundel, James C. Swindler, Glenn R. Bronson, Tyler O. Waltman, Andrew B. Clawson, Daniel C. Dansie, Prince, Yeates & Geldzahler, Salt Lake City, UT, for the Former Chapter 7 Trustee.

Kim R. Wilson, David L. Pinkston, P. Matthew Cox, Snow, Christensen & Martineau, Salt Lake City, UT, for Standard Industries, Inc.; ABM, Inc.; Fidelity Funding Company; Security Funding, Inc.; and World Enterprises.

David R. Hague Fabian & Clendenin Salt Lake City, UT for UtahAmerican Energy, Inc.

MEMORANDUM DECISION

R. KIMBALL MOSIER, Bankruptcy Judge.

The question before the Court is whether the Estate or Standard Industries, Inc. is entitled to $2,797,246.79 that UtahAmerican Energy, Inc. (UEI) deposited with the Court (UEI Receivable). Aquila, Inc. filed a Motion for Partial Summary Judgment, in which Kenneth A. Rushton, the Chapter 7 Trustee, joined, seeking a declaration that the Trustee is entitled to the UEI Receivable for the benefit of the...

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