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

Case No. 302-00979, Jointly Administered.United States Bankruptcy Court, M.D. Tennessee.
October 8, 2004

HARWELL HOWARD HYNE GABBERT MANNER, P.C., By: Craig V. Gabbert, Jr., Barbara D. Holmes, David P. Cañas, Nashville, TN, Counsel for the Reorganized Debtor.

MILLER MARTIN, PLLC, By: W. Neal McBrayer, Nashville, TN, Counsel for Akers Supply, Inc.

AGREED ORDER RESOLVING OBJECTIONS TO CLAIM OF AKERS SUPPLY, 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 in the amount of $34,625.00 filed by Akers Supply, Inc. (“Akers”). As evidenced by the signatures of counsel below, the Reorganized Debtor and Akers have agreed to resolve the Reorganized Debtor’s objections as follows: the Reorganized Debtor’s objections should be overruled and Akers’ claim in the amount of $34,625.00 should be allowed.

WHEREAS no other objections to Akers’ claim or responses to the Reorganized Debtor’s objections thereto were filed,

IT IS HEREBY ORDERED that the Reorganized Debtor’s objections are overruled and the claim of Akers Supply, Inc. in the amount of $34,625.00 is allowed.

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IT IS SO ORDERED.