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U.S. v. NICOLET, INC.

Nos. 88-1079, 88-1110.

857 F.2d 202 (1988)

UNITED STATES of America v. NICOLET, INC. and Turner and Newall, PLC v. TURNER & NEWALL PLC. Appeal of NICOLET, INC. Appeal of TURNER & NEWALL PLC.

United States Court of Appeals, Third Circuit.

Decided September 16, 1988.

Attorney(s) appearing for the Case

Douglas J. Smillie (argued), Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for appellant, Nicolet, Inc.

Jon Brooks (argued), John P. Mason, Dechert, Price & Rhoads, Philadelphia, Pa., for Turner & Newall PLC.

Kathleen P. Dewey (argued), Jacques B. Gelin, David Street, Attys., Dept. of Justice, Land and Natural Resources Div., Washington, D.C., Roger J. Marzulla, Asst. Atty. Gen., Edward S.G. Dennis, Jr., U.S. Atty., Virginia Gibson-Mason, Asst. U.S. Atty., Philadelphia, Pa., for U.S.

Before SLOVITER, SCIRICA, and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

After the United States had initiated this action to recover costs expended in the clean-up of a hazardous waste site, defendant petitioned for reorganization under Chapter 11 of the Bankruptcy Code. The district court ruled that the automatic bankruptcy stay did not apply to the government's action, even though the complaint sought a money judgment for pre-petition derelictions. We agree that the case should proceed...

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