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IN RE SMITH-DOUGLASS, INC.

No. 86-1308-CIV-5, Bankruptcy No. M-83-00478-5.

75 B.R. 994 (1987)

In re SMITH-DOUGLASS, INC., Debtor.

United States District Court, E.D. North Carolina, Raleigh Division.

August 4, 1987.

Attorney(s) appearing for the Case

Gregory B. Crampton, Raleigh, N.C., for Smith-Douglass, Inc., debtor-in-possession.

Richard M. Hutson, II, Durham, N.C., and Thomas B. Anderson, Jr., Dallas, Tex., for Wells-Fargo Business Credit, appellee.

Lacy H. Reaves, Raleigh, N.C., for Counsel for Committee of Unsecured Creditors.

John M. Murchison, Jr., Charlotte, N.C., for Borden, Inc., appellant.

Malcolm J. Howard, Greenville, N.C., and John M. Carey, Toledo, Ohio, for Bernard R. Garrett, appellant.

Marcia Bellows, Asst. Atty. Gen., Environmental Control Div., Chicago, Ill., for State of Ill., appellant.

ORDER

BRITT, Chief Judge.

Borden, Inc., and the State of Illinois appeal from an order of the Bankruptcy Court for the Eastern District of North Carolina in which the court allowed the trustee to unconditionally abandon property of the estate pursuant to 11 U.S.C. § 554(a). The question presented is whether the court erred in permitting unconditional abandonment when the site abandoned is in violation of Illinois...

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