No. 179, Docket 90-7360.

932 F.2d 1020 (1991)

The CITY OF NEW YORK, Plaintiff-Appellee, v. EXXON CORPORATION, Exxon Research and Engineering Company, Inc., Ingersoll-Rand Company, Alcan Aluminum Corporation, Ford Motor Company, Koppers Company, Inc., BASF Wyandotte Corporation, Borg-Warner Corporation, Chrysler Corporation, United Technologies Corporation, Carrier Corporation, National Can Corporation, Public Service Electric & Gas Corporation, Dana Corporation, Defendants. Refinemet International, Inc. f/k/a Ag-Met, Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 2, 1991.

Attorney(s) appearing for the Case

Joseph A. DiBenedetto, New York City (Winston & Strawn, Jeanne Murphy, of counsel), for defendant-appellant.

Christopher A. Amato, Asst. Corp. Counsel, New York City (Victor A. Kovner, Corp. Counsel of N.Y., Stephen J. McGrath, Peter H. Lehner, of counsel), for plaintiff-appellee.

Before MAHONEY and WALKER, Circuit Judges, and MARTIN, District Judge.

WALKER, Circuit Judge:

In this appeal from a grant of partial summary judgment in favor of the City of New York ("the City") in its recovery and damage action under CERCLA against defendant Refinemet International, Inc. for certain environmental violations, we must decide two issues: (1) whether the action is barred by 11 U.S.C. § 362(a), which automatically stays litigation of claims against a debtor which were or...

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