IN RE HNRC DISSOLUTION CO

WILLIAM HOWARD, Bankruptcy Judge

(i) Mining Machinery Holding, Inc., successor-by-merger of Mining Machinery, Inc., MMI, Inc., and MMI Leasing Company, Inc., and (ii) Mining Machinery Services, LLC (collectively "Respondents"), having filed their requests for administrative claim herein and Lexington Coal Company, LLC ("Lexington Coal") having objected thereto, and the parties being in agreement that supplemental briefing as set forth below is appropriate and having further agreed to certain submissions in the hopes of streamlining factual determinations necessary to a final adjudication of the allowance of Respondents' administrative claims herein, and the parties hereto being in agreement and the Court having reviewed the record and being otherwise sufficiently advised;

IT IS HEREBY AGREED, ORDERED and DIRECTED as follows:

1. Lexington Coal shall have to and including September 6, 2005, within which to file a Supplemental Response to Respondents' Sur-Reply previously filed herein [Doc. No. 6830] and Respondents shall have to and including September 16, 2005, within which to file a Supplemental Reply to Lexington Coal's filing.

2. Upon Respondents' filing of its Supplemental Reply, the following shall be deemed submitted for decision:

(i) Whether 11 U.S.C. § 365 applies to the determination of Respondents' requests for allowance of their administrative expense claims; and

(ii) If 11 U.S.C. § 365 applies, what factual issues require determination to adjudicate the allowance of Respondents' claims as administrative expense claims.

3. This matter shall be continued for any further hearings as may be necessary pursuant to further orders of the Court.