IN RE COMBUSTION EQUIPMENT ASSOCIATES, INC.

Bankruptcy No. 80 B 11757(BRL), No. 86 Civ. 5816(LBS), Adv. No. 86-5433A.

73 B.R. 85 (1987)

In re COMBUSTION EQUIPMENT ASSOCIATES, INC., Debtor. CARTER DAY INDUSTRIES, INC., f/k/a Combustion Equipment Associates, Inc., Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and New Jersey Department of Environmental Protection, Defendants.

United States District Court, S.D. New York.

April 27, 1987.


Attorney(s) appearing for the Case

Anderson Russell Kill & Olick, P.C., New York City, for plaintiff; Roy Babitt, Arthur S. Olick, Warren R. Graham, of counsel.

Rudolph W. Giuliani, U.S. Atty. for S.D. New York City, for defendants; Mary Ellen Kris, Alan Nisselson, Asst. U.S. Attys., Elizabeth Yu (Environmental Enforcement Section), Washington, D.C., of counsel.


OPINION

SAND, District Judge.

The United States Environmental Protection Agency ("EPA") moves for summary judgment dismissing plaintiff Carter Day's declaratory judgment action upon the ground that the issue raised therein is not ripe for judicial determination. In the underlying action, Carter Day seeks declaratory and injunctive relief. Plaintiff contends that its discharge in bankruptcy pursuant to 11 U.S.C. §§ 524 and 1141 (1979 & West...

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