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IN RE HNRC DISSOLUTION CO.

No. 16-8013.

585 B.R. 837 (2018)

IN RE: HNRC DISSOLUTION COMPANY, Debtor. Terry Giese, Plaintiff-Appellant, v. Lexington Coal Company, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: June 1, 2018.

Attorney(s) appearing for the Case

ARGUED: Michael J. Gartland, DELCOTTO LAW GROUP PLLC, Lexington, Kentucky, for Appellant. Janet Smith Holbrook, DINSMORE & SHOHL, LLP, Huntington, West Virginia, for Appellee. ON BRIEF: Michael J. Gartland, DELCOTTO LAW GROUP PLLC, Lexington, Kentucky, Philip G. Fairbanks, MEHR FAIRBANKS TRIAL LAWYERS, PLLC, Lexington, Kentucky, for Appellant. Janet Smith Holbrook, DINSMORE & SHOHL, LLP, Huntington, West Virginia, for Appellee.

Before: HARRISON, OPPERMAN, and PRESTON, Bankruptcy Appellate Panel Judges.

OPINION

This case involves a dispute regarding funds allegedly held in escrow to pay royalties connected to coal mining. According to Appellant, Terry Giese ("Giese"), a company known as Horizon Natural Resources Company ("HNRC") paid...

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