IN RE NEWPAGE CORP.

Case No. 11-12804 (KG) (Jointly Administered). Adv. Pro. No. 13-52196 (KG).

517 B.R. 508 (2014)

IN RE: NEWPAGE CORPORATION, et al., Reorganized Debtors. Pirinate Consulting Group, LLC, as litigation trustee of the NP Creditor Litigation Trust, Plaintiff, v. Avoca Bement Corp. and Knight Hawk Coal, LLC, Defendants. Avoca Bement Corp., Third-Party Plaintiff, v. Canadian National Railway Company, et al., Third-Party Defendants.

United States Bankruptcy Court, D. Delaware.

Signed October 1, 2014.


Attorney(s) appearing for the Case

M. Blake Cleary , Andrew L. Magaziner , Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Plaintiff Pirinate Consulting Group LLC, as Litigation Trustee of the NP Creditor Litigation Trust.

Chester H. Foster, Jr. , Foster Legal Services PLLC, Homewood, IL, Daniel C. Kerrick , Ciconte Wasserman & Scerba, LLC, Wilmington, DE, for Defendant and Third Party Plaintiff Avoca Bement Corp.

Edward J. Heller , Reed Heller Mansfield & Gross, Murphysboro, IL, Daniel C. Kerrick , Ciconte Wasserman & Scerba, LLC, Wilmington, DE, for Defendant Knight Hawk Coal, LLC.

Robert Charles Maddox , Richards, Layton & Finger, P.A., Wilmington, DE, for Third Party Defendant American Commercial Lines, Inc.


Chapter 11

Re: Adv. Dkt. Nos. 41 and 43

MEMORANDUM OPINION

KEVIN GROSS, U.S.B.J.

Before the Court are identical motions for summary judgment filed by the defendants in this adversary proceeding, Knight Hawk Coal, LLC ("Knight Hawk") and Avoca Bement Corp. ("Avoca"; collectively the "Defendants").1 On September 5, 2013, Pirinate Consulting Group, LLC, as litigation...

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