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SOUTHERN RY. CO. v. JOHNSON BRONZE CO.

Nos. 84-3280, 84-3317 and 84-3318.

758 F.2d 137 (1985)

SOUTHERN RAILWAY COMPANY v. JOHNSON BRONZE COMPANY, Debtor. South Carolina Department of Health and Environmental Control and Perry Machinery Corporation. Appeal of JOHNSON BRONZE COMPANY, No. 84-3280. Appeal of PERRY MACHINERY CORPORATION, No. 84-3317. In re JOHNSON BRONZE COMPANY, Debtor, Southern Railway Company, Plaintiff. JOHNSON BRONZE COMPANY, South Carolina Department of Health and Environmental Control, Perry Machinery Company, Defendants, v. The COMMITTEE OF UNSECURED CREDITORS, Intervenor. Appeal of The COMMITTEE OF UNSECURED CREDITORS OF the JOHNSON BRONZE COMPANY.

United States Court of Appeals, Third Circuit.

Decided April 2, 1985.

As Amended May 8, 1985.

Attorney(s) appearing for the Case

Burt DeRieux, Eileen M. Crowley (argued), David M. Holliday, Greene, Buckley, DeRieux & Jones, Atlanta, Ga., for Southern Ry. Co.

Robert G. Sable (argued), F. Scott Gray, Lampl, Sable & Makoroff, Pittsburgh, Pa., for Johnson Bronze Co.

William H. Schorling, James A. Bollenbacher, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for the Committee of Unsecured Creditors.

Jay G. Ochroch, Leonard P. Goldberger (argued) Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for Perry Machinery Corp.

Before GIBBONS, Circuit Judge, and FULLAM and SCHWARTZ, District Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

This appeal arises out of an adversary proceeding in the bankruptcy court. Southern Railway Company (Southern) commenced that proceeding by seeking a declaratory judgment that the debtor, Johnson Bronze Co., (Johnson) and the debtor's successor in title, Perry Machinery Corp. (Perry) are jointly and severally liable for the cost of cleanup of a drainage ditch on Southern's property containing sludge generated...

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