In re C.W. Mining Company, 641 F.3d 1235 (10th Cir. 2011)

(bankruptcy trustee motioned for additional time to decide whether to assume or reject executory contract - coal operating agreement; motion granted by bankruptcy court and concluded that agreement was property of bankruptcy estate (meaning that trustee could assume or reject it); 10th B.A.P. affirmed and debtor appealed and trustee moved to dismiss appeal as moot; appeal not moot because trustee had not established that coal development company did not have alternative relief available; motion to dismiss appeal denied). 

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