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WILNER WOOD PROD. CO. v. STATE OF MAINE, D.E.P.

Civ. No. 90-0228-B.

128 B.R. 1 (1991)

WILNER WOOD PRODUCTS CO., Plaintiff, v. STATE OF MAINE, DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., Defendants.

United States District Court, D. Maine.

May 10, 1991.

Attorney(s) appearing for the Case

Jacob A. Manheimer, Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Me., for Wilner Wood Products.

Peter J. Brann, State of Maine, Dept. of Atty. Gen., Augusta, Me., for State of Me. Dept. of Environmental Protection & Marriott.

Michael J. Pearce, Portland, Me., for Creditors Committee.

William H. Leete, Jr., Beagle, Pearce, Feller & Ridge, Portland, Me., for Official Committee of Unsecured Creditors.

MEMORANDUM DECISION

HORNBY, District Judge.

This bankruptcy appeal presents the issue whether the bankruptcy court has the authority to enjoin enforcement of the State of Maine's environmental laws, even temporarily, when they burden a debtor's reorganization efforts. Here, the bankruptcy court ordered the State to withhold its denial of an air emission license to a debtor while the debtor appealed the denial of the license to State authorities. Concluding...

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