IN RE PUBLIC SERVICE CO. OF NEW HAMPSHIRE

Bankruptcy No. 88-00043, Adv. No. 89-08.

108 B.R. 854 (1989)

In re PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Debtor. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Plaintiff, v. The STATE OF NEW HAMPSHIRE and The State of New Hampshire Public Utilities Commission, Defendants.

United States Bankruptcy Court, D. New Hampshire.

November 30, 1989.


Attorney(s) appearing for the Case

Isaac M. Pachulski, Don Willenburg, Los Angeles, Cal., Kevin J. Burke, for Public Service Co.

Geoffrey B. Kalmus, New York City, J. Michael Deasy, for the Unsecured Creditors Committee.

Richard Tilton, for the Equity Committee.

Larry M. Smukler, Sr. Asst. Atty. Gen., Concord, N.H., Daniel J. Callaghan, Manchester, N.H., for the State of N.H.

William B. Gundling, Asst. Atty. Gen., Hartford, Conn., for the State of Conn.

Susan Keely, for the U.S. Trustee.

George J. Wade, Barbara J. Gould, New York City, and David J. Dunfey, Hampton, N.H., for Citicorp and Consolidated Utilities & Communications, Inc. (CUC).

Peter V. Doyle, West Springfield, N.H., for First Fidelity Bank and Amoskeag Bank.

Jeffrey G. Grody, Hartford, Conn., for Northeast Utilities Service Co.

Ted A. Berkowitz, New York City, for First Fidelity Bank.

Robert Drain, New York City, for Shearson, Lehman, Hutton, Inc.

Peter Nils Baylor, Boston, Mass., for Bank of New England and Maryland Nat. Bank.

David W. Marshall, for NEES.

John M. Mutkoski, Cheshire, Conn., for Small Power Producers and Alexandria Power Bio Energy.

Sallie H. Helm, Washington, D.C., for Spear, Leeds & Kellogg.

Noel E. Hanf, New Haven, Conn., for The United Illuminating Co.


MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This chapter 11 adversary proceeding involves a complaint filed by the plaintiff, Public Service Company of New Hampshire ("PSNH") against the defendants, State of New Hampshire, and the State of New Hampshire Public Utilities Commission. The complaint is for a declaratory judgment as to the preemptive effect of certain provisions of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., as against...

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