351 F2d 954 In the Matter of Newkirk Mining Company Reading Anthracite Company

351 F.2d 954

In the Matter of NEWKIRK MINING COMPANY, Bankrupt.
Reading Anthracite Company, Appellant.

No. 15239.

United States Court of Appeals Third Circuit.

Argued September 24, 1965.

Decided October 26, 1965.

Appeal from the United States District Court for the Eastern District of Pennsylvania; Allan K. Grim, Judge, 238 F.Supp. 1.

Anthony J. Urban, Pottsville, Pa. (John J. Curran, Pottsville, Pa., on the brief), for appellant.

Fred C. Pace, Mahanoy City, Pa. (William D. Hutchinson, Pottsville, Pa., trustee, counsel, on the brief), for appellee.

Before McLAUGHLIN, HASTIE and FREEDMAN, Circuit Judges.

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We think that the district court was clearly right in sustaining the trustee's petition to sell the bankrupt lessee's coal material free and clear of any claims of the lessor. The judgment of the district court will be affirmed on the opinion of Judge Grim therein.