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IN RE JENSEN

BAP No. EC 90-1655-AsMeO, Bankruptcy No. 284-00512-A-7, Adv. No. 289-0147.

127 B.R. 27 (1991)

In re Robert Burns JENSEN, Rosemary Tooker Jensen, Debtors. Robert Burns JENSEN and Rosemary Tooker Jensen, aka Rosemary Paula Jensen, aka Rosemary Paula Kitchen, Appellants, v. CALIFORNIA DEPARTMENT OF HEALTH SERVICES, Appellee.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided May 15, 1991.

Attorney(s) appearing for the Case

Terrance L. Stinnett, San Francisco, Cal., for appellants, Robert and Rosemary Jensen.

Margarita Padilla, San Diego, Cal., for appellee, California Dept. of Health Services.

Before ASHLAND, MEYERS and OLLASON, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge.

The debtors Robert and Rosemary Jensen ("Jensens") appeal the bankruptcy court's grant of summary judgment in favor of the State of California Department of Health Services ("DHS"), the California counterpart to the federal Environmental Protection Agency, upon the parties' cross-motions for summary judgment. We reverse.

INTRODUCTION AND FACTS

The Jensens individually wholly-owned Jensen Lumber Company...

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