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MATTER OF HILDEMANN INDUSTRIES, INC.

Bankruptcy No. 83-0768.

53 B.R. 509 (1984)

In the Matter of HILDEMANN INDUSTRIES, INC., a corporation of the State of New Jersey; All Traffic Service, Inc., a corporation of the State of New Jersey; Newark Tank Wash, Inc., a corporation of the State of New Jersey; Amtruk Leasing, Inc., a corporation of the State of Delaware; and Amtruk, Inc., a corporation of the State of New Jersey, Debtors. HILDEMANN INDUSTRIES, INC., a corporation of the State of New Jersey; All Traffic Service, Inc., a corporation of the State of New Jersey; Newark Tank Wash, Inc., a corporation of the State of New Jersey; Amtruk Transport, Inc., a corporation of the State of New Jersey; Amtruk Leasing, Inc., a corporation of the State of Delaware; and Amtruk, Inc., a corporation of the State of New Jersey, Debtors-in-Possession, Plaintiffs, v. The STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, the United States Environmental Protection Agency, Peter D. Brown, Robert E. Hughey, Commissioner, State of New Jersey Department of Environmental Protection, and Other Unknown State Officials of the State of New Jersey Department of Environmental Protection, Defendants.

United States Bankruptcy Court, D. New Jersey.

December 17, 1984.

Attorney(s) appearing for the Case

Karen Gianelli, Crummy, Del Deo, Griffinger & Vecchione, Newark, N.J., for debtor.

Howard Epstein, Trenton, N.J., Irwin Kimmelman, Atty. Gen. of N.J., for State of N.J.

William Halsch, Newark, N.J., W. Hunt Dumont, U.S. Atty., for United States.

OPINION

D. JOSEPH DE VITO, Bankruptcy Judge.

The issues to be decided in the above entitled matter come before the Court on order to show cause filed by plaintiff debtors herein. Those issues relate directly or indirectly to an order directing turnover of certain of plaintiffs' property to the plaintiffs, which property, located at 335 Raymond Boulevard, Newark, New Jersey, had been seized by the defendants State of New Jersey, Department of Environmental...

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