IN RE HEMINGWAY TRANSPORT, INC.

Nos. 92-1040, 92-1095, 92-1289 and 92-1290.

993 F.2d 915 (1993)

In re HEMINGWAY TRANSPORT, INC., et al., Debtors. JUNIPER DEVELOPMENT GROUP, etc., et al., Appellants, v. Herbert C. KAHN, etc., Appellee. (Two Cases) In re HEMINGWAY TRANSPORT, INC., et al., Debtors. JUNIPER DEVELOPMENT GROUP, etc., et al., v. Herbert C. KAHN, etc., Appellant. In re HEMINGWAY TRANSPORT, INC., et al., Debtors. JUNIPER DEVELOPMENT GROUP, etc., et al., Appellees, v. Herbert C. KAHN, etc., Appellant.

United States Court of Appeals, First Circuit.

Decided May 4, 1993.


Attorney(s) appearing for the Case

Roy P. Giarrusso with whom Louis N. Massery and Cooley, Manion, Moore & Jones, P.C., Boston, MA, were on brief, for appellants.

William F. Macauley with whom Martin P. Desmery and Craig and Macauley, Boston, MA, were on brief, for appellee.

Martin P. Desmery, Boston, MA, for trustee appellee in cross-appeal.

Before TORRUELLA, CYR and BOUDIN, Circuit Judges.


CYR, Circuit Judge.

The bankruptcy court disallowed the contingent claim Juniper Development Group ("Juniper") filed against the consolidated chapter 7 estate of Hemingway Transport, Inc. ("Hemingway") and Bristol Terminals, Inc. ("Bristol") for anticipated response costs for the removal and remediation of hazardous substances discovered on property previously purchased by Juniper from the Hemingway-Bristol chapter 11 estate. Juniper's companion claim for cleanup...

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