Opinion
Case No. 02-14261 Jointly Administered.
August 2, 2005
ORDER GRANTING OBJECTION TO CLAIMS FILED BY PNC BANK, NA (NOS. 0281502816)
This matter having come before the Court upon the Objection filed by Lexington Coal Company, LLC ("Lexington Coal") to Claims filed by PNC Bank, N.A., in its capacity as Trustee of the Horizon NR, LLC Employee Pension Plan (the "Objection"), no response having been received in regard to the claims covered by this Order, notice being sufficient under the circumstances with Lexington Coal having complied with Fed.R.Bankr.Proc. 3007 as described in the Objection, and the Court being otherwise sufficiently advised, IT IS HEREBY ORDERED:
1. The Objection is granted.
2. Claim No. 02815 shall be disallowed.
3. The Administrative Expense request contained within Claim No. 02816 shall be reclassified as a Class 6 unsecured claim without prejudice to the right of the Liquidating Trustee or other interested party to raise any objection to such claims within the time allowed by the Plans, or such other time as the Court shall allow.