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Alpha Natural Resources Objection Filed

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According to the U.S. Bankruptcy Court, Alpha Natural Resources filed a limited objection to appointment of an official committee of retirees.

The objection explains, “Although the Debtors disagree with the Movants’ assertion that section 1114(d) of the Bankruptcy Code requires the appointment of a Retiree Committee in connection with the Unvested Non-Union Benefits Motion, the Debtors nevertheless acknowledge that the existence of a single, authorized representative of non-union retirees may present the most efficient means of litigating, negotiating and potentially resolving issues arising in connection with the Unvested Non-Union Benefits Motion.”

The objection continues, “However, in light of (a) the potential cost of a Retiree Committee to the estate, (b) the lack of a vested right to payment of the Non-Pension Retiree Benefits in favor of the non-union retirees…and (c) the fact that section 1114 of the Bankruptcy Code is not implicated by the relief sought in the Unvested Non-Union Benefits Motion, the Debtors request that reasonable restrictions on any Retiree Committee’s current sphere of action and professionals’ fees be imposed to minimize the negative impact of appointment on the Debtors’ estates.”

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