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

Case No. 302-00979, Jointly Administered.United States Bankruptcy Court, M.D. Tennessee.
July 2, 2004

Randal S. Mashburn, Courtney H. Gilmer, Baker, Donelson, Bearman, Caldwell Berkowitz, Nashville, TN, Attorneys for the Reorganized Debtor.

James P. Pruitt, Jr., Pikeville, KY, Attorney for Jake Halbert.

AGREED ORDER RESOLVING OBJECTION TO CLAIM OF JAKE HALBERT
KEITH LUNDIN, Bankruptcy Judge

It appearing to the Court that The Elk Horn Coal Company, LLC, the Reorganized Debtor arising out of the above-styled bankruptcy proceedings (“Reorganized Debtor”), and Jake Halbert (“Halbert”) have reached an agreement resolving the Reorganized Debtor’s Objection (the “Objection”) to the proof of claim (the “Claim”) filed by Halbert, and for good cause shown, it is hereby ordered by the Court as follows:

1. The Claim of Halbert is disallowed in its entirety to the extent of any distribution from the bankruptcy estate or any further participation in the bankruptcy proceedings;

2. This Agreed Order shall have no effect on any worker’s compensation award currently being paid to Halbert out of any insurance proceeds.

IT IS SO ORDERED.