Peabody Energy Corp. is seeking dismissal of a Patriot Coal Corp. lawsuit over obligations to retirees, saying the case is not "ripe" because it depends on the outcome of Patriot's negotiations with its union, Bloomberg News reported yesterday. Patriot's lawsuit, filed in bankruptcy court in March, should not go forward, Peabody said in court papers filed April 12. Peabody also said that Patriot should not blame its financial problems on the 2007 spinoff that split the St. Louis-based companies. The issues raised by Patriot "do not present an 'actual controversy' between the parties that is ripe for judicial resolution," lawyers for Peabody wrote. A hearing on Peabody's request is set for April 29.
