MATTER OF COMMONWEALTH OIL REFINING CO.

Nos. 85-2827, 85-2828.

805 F.2d 1175 (1986)

In the Matter of COMMONWEALTH OIL REFINING CO., INC., Debtor. COMMONWEALTH OIL REFINING COMPANY, INC., et al., Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Appellee. In the Matter of COMMONWEALTH OIL REFINING CO., INC., Debtor. OFFICIAL COMMITTEE OF UNSECURED CREDITORS, et al., Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Appellee.

United States Court of Appeals, Fifth Circuit.

November 25, 1986.


Attorney(s) appearing for the Case

John P. Campbell, Curtis, Mallet-Prevost, Colt & Mosle, New York City, Matthews & Branscomb, Patrick H. Autry, San Antonio, Tex., for Official Committee.

Robert T. Brousseau, Sander L. Esserman, Stutzman & Bromberg, Dallas, Tex., for Commonwealth.

J. Carol Williams, John Cermak, Land & Nat. Resources Div., U.S. Dept. of Justice, Margaret B. Silver, David C. Shilton, Washington, D.C., Carol A. Casazza, U.S. E.P.A., New York City, Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for U.S. E.P.A.

Before GEE, RANDALL and DAVIS, Circuit Judges.


RANDALL, Circuit Judge:

Appellants, Commonwealth Oil Refining Company, Inc. (CORCO), the debtor-in-possession, the Committee of Unsecured Creditors, and the Indenture Trustee, appeal from the district court's order affirming the bankruptcy court's decision that the United States Environmental Protection Agency's (EPA) administrative action to bring CORCO into compliance with federal and state environmental laws is exempt from the automatic stay provision of the Bankruptcy...

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