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RESOURCES UNLIMITED v. ENVIRONMENTAL WASTE CONTROL

No. S92-478M.

158 B.R. 998 (1993)

RESOURCES UNLIMITED, INC., Plaintiff, v. ENVIRONMENTAL WASTE CONTROL, INC., et al., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

March 2, 1993.

Attorney(s) appearing for the Case

James M. Matthews, South Bend, IN, for plaintiff.

Steven Ancel, Timothy Black, Indianapolis, IN, for Environmental Waste Control, Inc.

Linley Pearson, Michael Shaefer, Office of Atty. Gen., Indianapolis, IN, for Indiana Dept. of Environmental Management.

Robert Oakley, U.S. Dept. of Justice, Environmental Enforcement Agency, Washington, DC, Andrew Baker, Asst. U.S. Atty., Dyer, IN, for U.S.E.P.A.

MEMORANDUM AND ORDER

MILLER, District Judge.

Resources Unlimited, Inc. ("RUI") appeals the bankruptcy court's decision that certain environmental claims against the debtor's estate have priority over RUI's competing perfected security interest in the debtor's assets, and that use of the debtor's tax refunds to clean up the environmental hazards would not result in a taking of RUI's property without just compensation. This court has jurisdiction over...

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