Opinion
No. 02-00979-KL3-11, Jointly Administered
February 20, 2003
HARWELL HOWARD HYNE GABBERT MANNER, P.C., Craig V. Gabbed, Jr., David P. Cañas, Nashville, TN, and BUCHANAN INGERSOLL PROFESSIONAL CORPORATION, Joel M. Walker, Philip J. Uher, Samuel W. Braver, Pittsburgh, PA, COUNSEL FOR THE DEBTORS
ORDER APPROVING TRANSFER AND ASSIGNMENT AGREEMENT PURSUANT TO SECTION 363 OF THE BANKRUPTCY CODE
Upon the Motion dated January 24, 2003, of Pen Coal Corporation, d/b/a Levisa Fork Mining Company and Elk Horn Coal Corporation for an Order Approving Transfer and Assignment Agreement Pursuant to Section 363 of the Bankruptcy Code (the "Motion"), and it appearing that good and sufficient notice of the Motion has been given and a reasonable opportunity to object to, or be heard, regarding the relief requested in the Motion has been afforded to all interested persons and entities, and that no timely objection was filed,
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT the Motion is granted.