C.O.P. Coal Development Co. v. Jubber
Petition for certiorari denied on June 16, 2014
Issue: Whether the Tenth Circuit erred and deprived C.O.P. Coal Development Co. (“COP”) of due process when it affirmed the dismissal of COP’s appeal challenging a bankruptcy court’s interpretation of a Coal Operating Agreement as moot because the assets at issue had been sold by the bankruptcy trustee, when (a) COP was entitled to relief that did not affect the bankruptcy sale; and (b) the trustee failed to carry his burden—as established by Tenth Circuit precedent—to prove that such relief was “impossible.”
