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IN RE SULLIVAN COUNTY REGIONAL REFUSE DISPOSAL DIST.

Bankruptcy Nos. 93-12640-JEY, 93-12639.

165 B.R. 60 (1994)

In re SULLIVAN COUNTY REGIONAL REFUSE DISPOSAL DISTRICT, Debtor. In re SOUTHERN WINDSOR/WINDHAM COUNTIES SOLID WASTE MANAGEMENT DISTRICT, Debtor.

United States Bankruptcy Court, D. New Hampshire.

February 24, 1994.

Attorney(s) appearing for the Case

Harold T. Judd, Asst. Atty. Gen., Concord, NH, for State of N.H.

Frank Spinella Jr., Hibbard & Spinella, Concord, NH, for Mirra Co., Inc.

Jeffrey L. Jonas, Boston, MA, for Brown, Rudnick, Freed & Gesmer.

William S. Gannon, Wadleigh, Starr Offices, Manchester, NH, Diane M. Puckhaber, Rogers & Puckhaber, Concord, NH, of City of Claremont.

Joseph D. Leverone, Manchester, NH, for Hargo Industries.

David Kibbey, Newport, NH, Business and Industries, Kenneth A. Colburn, Concord, NH, for interested parties.

David A. Sears, Peabody & Brown, Manchester, NH, for debtor.

Robert A. Olson, Brown, Olson & Wilson, Concord, NH, for Sullivan County Regional Refuse Disposal.

John M. Sullivan, Sulloway, Hollis & Soden, Concord, NH, Christopher T. Katucki, Goodwin, Proctor & Hoar, Boston, MA, for Wheelabrator Claremont Co., L.P.

Jess T. Schwidde, Glinka & Schwidde, Rutland, VT, Bruce A. Harwood, Sheehan, Phinney, Bass & Green, Manchester, NH, for Town of Ludlow, Vt.

Frederick Coolbroth, Devine, Millimet & Branch, Manchester, NH, for Calvert Tax-Free Reserves Vt. Portfolio.

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

Introduction

This case presents the Court with a series of complex questions regarding whether the above-named municipal debtors should be permitted to remain in the bankruptcy court under their chapter 9 petitions. The record establishes that the debtors did not exercise pre-bankruptcy their assessment powers to require their member municipalities to contribute, through tax levies...

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