IN RE HEMINGWAY TRANSPORT, INC.

Bankruptcy Nos. 82-1340-JNG, 82-1341-JNG, Adv. No. 86-1081.

108 B.R. 378 (1989)

In re HEMINGWAY TRANSPORT, INC., Bristol Terminals, Inc., Debtors. JUNIPER DEVELOPMENT GROUP, a Massachusetts Partnership and George D. Whitten, Amy Whitten. and Charles Whitten as Trustees of 60 Olympia Nominee Trust, Plaintiffs, v. Herbert C. KAHN, Trustee for Hemingway Transport, Inc., and Bristol Terminals, Inc. Defendants. Herbert C. KAHN, Trustee for Hemingway Transport, Inc. and Bristol Terminals, Inc., Third-Party Plaintiffs, v. WOBURN ASSOCIATES, Third-Party Defendant.

United States Bankruptcy Court, D. Massachusetts.

December 18, 1989.


Attorney(s) appearing for the Case

Louis N. Massery, Cooley, Manion, Moore & Jones, Boston, Mass., for plaintiffs.

William F. Macauley, Craig and Macauley, Boston, Mass., for trustee (defendant and third-party plaintiff).

Thomas V. Urmy, Jr., Shapiro, Grace & Haber, Boston, Mass., for third-party defendant.


MEMORANDUM

JAMES N. GABRIEL, Chief Judge.

I. FACTS

On October 17, 1989, this Court conducted an evidentiary hearing with respect to the CERCLA claim of Juniper Development Group ("Juniper") against the Trustee of Hemingway Transport, Inc. ("Hemingway") and Bristol Terminals, Inc. ("Bristol") (collectively "Hemingway"). Three witnesses testified during the hearing and nine exhibits were introduced into evidence. The parties1

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