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IN RE CUYAHOGA EQUIPMENT CORP.

No. 1559, Docket 92-5010.

980 F.2d 110 (1992)

In re CUYAHOGA EQUIPMENT CORPORATION, Debtor. PUBLICKER INDUSTRIES INC., Appellant, v. UNITED STATES of America; the Pennsylvania Department of Environmental Resources; Resolution Trust Corporation, as Receiver of Freedom Savings and Loan Association; Chester B. Salomon, as Chapter 11 Trustee, Appellees.

United States Court of Appeals, Second Circuit.

Decided November 12, 1992.

Attorney(s) appearing for the Case

Duane A. Siler, Washington, D.C. (Timothy A. Vanderver, Jr., Patton, Boggs & Blow, Washington, D.C.; Alan A. D'Ambrosio, Schnader, Harrison, Segal & Lewis, New York City, of counsel), for appellant.

Vicki L. Plaut, Environment and Natural Resources Div., Washington, D.C. (Charles Openchowski, John Averback, Patricia Mott, Brian Nishitani, E.P.A., Barry M. Hartman, Acting Asst. Atty. Gen., Environmental and Natural Resources Div., Otto B. Obermaier, U.S. Atty., S.D.N.Y., Edward A. Smith, Asst. U.S. Atty., S.D.N.Y., Dirk D. Snel, Philip E. Karmel, Attorneys, Environment and Natural Resources Div., Washington, D.C., of counsel), for appellee U.S.

Alec P. Ostrow, New York City (Salomon Green & Ostrow, P.C., G.S. Peter Bergen, LeBoeuf, Lamb, Leiby & MacRae, of counsel), for appellee Chester B. Salomon, as Chapter 11 Trustee.

Edward M. Fox, New York City (James Gadsden, Carter, Ledyard & Milburn, of counsel), for appellee Resolution Trust Corp., as Receiver of Freedom Sav. and Loan Ass'n.

Before: CARDAMONE, PIERCE and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

For 73 years Publicker Industries, a publicly-held small liquor distillery, produced whiskey, industrial alcohol and chemical solvents on a 38-acre parcel of land on Delaware Avenue in Philadelphia, Pennsylvania. From this location, in an industrial section of the city, alongside the Delaware River and under the Walt Whitman Bridge, with over 1,000 employees, Publicker distilled products that enjoyed public acceptance into the 1970s. But...

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