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C.O.P. COAL DEVELOPMENT COMPANY v. RUSHTON

Case No. 2:10-CV-269 TS.

C.O.P. COAL DEVELOPMENT COMPANY and STANDARD INDUSTRIES, Appellants, v. KENNETH A. RUSHTON, Trustee, et al., Appellees.

United States District Court, D. Utah, Central Division.

June 7, 2012.

Attorney(s) appearing for the Case

COP Coal Development, Appellant, represented by David L. Pinkston , SNOW CHRISTENSEN & MARTINEAU, Kim R. Wilson , SNOW CHRISTENSEN & MARTINEAU & P. Matthew Cox , SNOW CHRISTENSEN & MARTINEAU.

Standard Industries, Appellant, represented by David L. Pinkston , SNOW CHRISTENSEN & MARTINEAU, Kim R. Wilson , SNOW CHRISTENSEN & MARTINEAU & P. Matthew Cox , SNOW CHRISTENSEN & MARTINEAU.

ANR, Appellee, represented by David E. Kingston .

Hiawatha Coal Company, Appellee, represented by Peter W. Guyon .

Aquila, Appellee, represented by Brent D. Wride , RAY QUINNEY & NEBEKER (SLC).

Kenneth A. Rushton, Trustee, represented by Michael N. Zundel , PRINCE YEATES & GELDZAHLER & James C Swindler , PRINCE YEATES & GELDZAHLER.

John T. Morgan, Trustee, represented by John T Morgan , US TRUSTEE'S OFFICE.

Rhino Energy, Interested Party, represented by George B. Hofmann, IV , PARSONS KINGHORN HARRIS.

Castle Valley Mining, Interested Party, represented by George B. Hofmann, IV , PARSONS KINGHORN HARRIS.

MEMORANDUM DECISION AND ORDER GRANTING MOTION TO DISMISS APPEAL AS MOOT AND INTERLOCUTORY

TED STEWART, District Judge.

This matter is before the Court on appellee Kenneth A. Rushton, Chapter 7 Trustee of the Estate of C.W. Mining Company ("Trustee"), and Interested Parties Rhino Energy LLC ("Rhino") and Castle Valley Mining LLC's ("Castle Valley") (collectively referred to hereinafter as "Movants"), Joint Motion for Dismissal of Appeal as Moot and Interlocutory...

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