IN RE: PEN HOLDINGS, INC., et al., Chapter 11, Debtors.

Case No. 302-00979 Jointly Administered.United States Bankruptcy Court, M.D. Tennessee.
November 29, 2004

HARWELL HOWARD HYNE, GABBERT MANNER, P.C., Tracy M. Lujan, Craig V. Gabbert, Jr., Barbara D. Holmes, Tracy M. Lujan, Nashville, TN, Counsel for the Reorganized Debtor.

GREENBAUM DOLL McDONALD, PLLC, David W. Houston, IV (with permission) Lawrence R. Ahern, III, David W. Houston, IV, Nashville, TN, Counsel for Metalcraft Mining Equipment Rebuilders, Inc.

AGREED ORDER RESOLVING OBJECTION TO CLAIM OF METALCRAFT MINING EQUIPMENT REBUILDERS, INC.
KEITH LUNDIN, Bankruptcy Judge

This case is before the Court on the Objection to Allowance of Claims (Docket # 1591) filed by The Elk Horn Coal Company, LLC, the Reorganized Debtor arising out of the above-styled proceedings (the “Reorganized Debtor”), and, more specifically, the Reorganized Debtor’s objections to the general unsecured claim of Metalcraft Mining Equipment Rebuilders, Inc. (“Metalcraft”) in the amount of $8,178.20. As evidenced by the signatures of counsel below, the Reorganized Debtor and Metalcraft have agreed to resolve the Reorganized Debtor’s objections as follows: the Reorganized Debtor’s objections should be sustained and Metalcraft’s claim in the amount of $8,178.20 should be disallowed.

WHEREAS no other objections to Metalcraft’s claim were filed, nor were responses filed to the Reorganized Debtor’s objections thereto,

IT IS HEREBY ORDERED that the Reorganized Debtor’s objections are sustained and the claim of Metalcraft Mining Equipment Rebuilders, Inc. in the amount of $8,178.20 is disallowed.

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IT IS SO ORDERED.