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IN RE WALL TUBE & METAL PRODUCTS CO.

No. 86-5963.

831 F.2d 118 (1987)

In re WALL TUBE & METAL PRODUCTS COMPANY, Debtor. William L. LANCASTER, Plaintiff-Appellee, v. STATE OF TENNESSEE, on Behalf of TENNESSEE DEPARTMENT OF HEALTH & ENVIRONMENT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 14, 1987.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. of Tenn., Nashville, Tenn., Michael D. Pearigen (argued), for defendant-appellant.

Ferdinand Powell, Jr., Johnson City, Tenn., for plaintiff-appellee.

Matthew Yackshaw, Canton, Ohio, for Wall Tube.

Before KEITH, Circuit Judge, PECK, Senior Circuit Judge, and DOWD, District Judge.

KEITH, Circuit Judge.

This case concerns two federal statutes: the Bankruptcy Code, 11 U.S.C. § 101 et seq., and the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq. CERCLA allows a state to recover all costs incurred by it in responding to the improper disposal of hazardous substances. See 42 U.S.C. § 9607(a).1 The statute makes the owner and operator...

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