IN RE: PLASTICS UNIVERSAL CORPORATION CASE NO. 86-00329

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF KENTUCKY

CORBIN

IN RE:

PLASTICS UNIVERSAL CORPORATION CASE NO. 86-00329

DEBTOR

DELMA SIDDENS, et al. PLAINTIFFS

v. ADV. NO. 86-0281

PLASTICS UNIVERSAL CORPORATION DEFENDANT

AND

PLASTICS UNIVERSAL CORPORATION THIRD-PARTY PLAINTIFF

V.

DANIEL D. STEWART, JR., et al. THIRD-PARTY DEFENDANTS

SYNOPSIS

The motion of Plastics for summary judgment determining that it is presently contractually entitled to cash recovery of production royalties erroneously paid to the third-party defendants is sustained. The motion of the third-party defendants for summary judgment determining that they are not presently contractually obligated to repay in cash production royalties which they received from Plastics for coal removed from the "B-tracts" is overruled.

Dated: July 11, 1994.

By the court -

Joe Lee, Chief Judge

Copies to:

E. David Marshall

Chester P. Care

Karen J. Greenwell

U.S. Trustee