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IN RE COMMERCE OIL CO.

No. 86-6215.

847 F.2d 291 (1988)

In re COMMERCE OIL COMPANY, a Tennessee Corporation, Debtor. James E. WORD, Commissioner, Tennessee Department of Health and Environment, and the Tennessee Water Quality Control Board, Plaintiffs-Appellants, v. COMMERCE OIL COMPANY and Samuel K. Crocker, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 23, 1988.

Attorney(s) appearing for the Case

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

Kyle R. Weems, Weill and Weems, Chattanooga, Tenn., C. Kinian Cosner, Jr. (S. Crocker), Manier, Herod, Holabaugh & Smith, Gail Reese, Eric Helmers (argued), Nashville, Tenn., for defendants-appellees.

Before MARTIN and GUY, Circuit Judges; and JOHNSTONE, Chief District Judge.

JOHNSTONE, Chief District Judge.

This appeal concerns a ruling of the bankruptcy court for the Eastern District of Tennessee which held that proceedings by the state of Tennessee to fix civil fines and penalties under the Tennessee Water Quality Control Act of 1977, TENN.CODE ANN. § 69-3-101 et seq., are stayed under 11 U.S.C. § 362.

FACTS

On November 6, 1984, Tennessee's Commissioner of Health and Environment issued a Complaint...

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