IN RE COMBUSTION EQUIPMENT ASSOCIATES, INC.

No. 424, Docket 87-5022.

838 F.2d 35 (1988)

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

United States Court of Appeals, Second Circuit.

Decided January 22, 1988.


Attorney(s) appearing for the Case

Roy Babitt, New York City (Anderson, Russell Kill & Olick, P.C., Arthur S. Olick, of counsel), for plaintiff-appellant.

Richard M. Schwartz, New York City, Asst. U.S. Atty., S.D.N.Y. (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Steven E. Obus, Mary Ellen Kris, Asst. U.S. Attys., New York City, Jacques B. Gelin, Appellate Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Randye B. Stein, Asst. Regional Counsel, Region II, U.S.E.P.A., New York City, Margaret Silver, Office of Gen. Counsel, U.S.E.P.A., Paul N. Schneider, Trenton, N.J., Deputy Atty. Gen., State of N.J., Dept. of Law & Public Safety, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and OAKES and PRATT, Circuit Judges.


FEINBERG, Chief Judge:

This case involves the interplay of three statutes: the Declaratory Judgment Act, the Bankruptcy Code and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Specifically, Carter Day Industries, Inc., asks us to hold ripe a suit seeking a declaratory judgment that any liability it might have had under CERCLA was discharged by its bankruptcy. For the reasons stated below...

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