IN RE JENSEN

No. 91-15879.

995 F.2d 925 (1993)

In re Robert Burns JENSEN; Rosemary Tooker Jensen, Debtors. CALIFORNIA DEPARTMENT OF HEALTH SERVICES, Appellant, v. Robert Burns JENSEN; Rosemary Tooker Jensen, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 15, 1993.


Attorney(s) appearing for the Case

Timothy R. Patterson, Deputy Atty. Gen., San Diego, CA, for appellant.

Terrance L. Stinnett, Goldberg, Stinnett & MacDonald, San Francisco, CA, for appellees.

D.J. Baker, Weil, Gotshal & Manges, Houston, TX, David R. Berz and David B. Hird, Weil, Gotshal & Manges, Washington, DC, for amici curiae Circle K. Corp. and affiliates.

Ward T. Kelsey, Asst. Counsel, for amicus curiae Commonwealth of Pennsylvania.

R. Claire Guthrie, Deputy Atty. Gen., for amicus curiae Commonwealth of Virginia.

Beryl I. Dulsky, Asst. Atty. Gen., for amicus curiae State of Ariz.

Beverly Yale Pfeiffer, Asst. Atty. Gen., for amicus curiae State of OH.

Brian Chally, Senior Deputy Atty. Gen., for amicus curiae State of Nev.

Tom Udall, Atty. Gen., for amicus curiae State of N.M.

Brian J. Zwit, Asst. Atty. Gen., for amicus curiae State of Tex.

Before ALDISERT, GOODWIN, and FLETCHER, Circuit Judges.


PER CURIAM:

The California Department of Health Services ("California DHS") appeals the decision of the Bankruptcy Appellate Panel that its claim against Robert Burns Jensen and Rosemary Tooker Jensen for cleanup of hazardous waste at the Jensen's former business property was discharged in the couple's bankruptcy. We have jurisdiction over California DHS's timely appeal pursuant to 28 U.S.C. § 158(d) (1988). We affirm.

I. Facts

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