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IN RE HANNA

BAP Nos. OR-92-2283-VMeJ, OR-92-2285-VMeJ. Bankruptcy No. 390-33990-S11. Adv. No. 90-3388S.

168 B.R. 386 (1994)

In re Daniel C. HANNA, Debtor. GULL INDUSTRIES, INC., an Oregon corporation, and BP Oil Company, an Ohio corporation, Appellants/Cross-Appellees, v. JOHN MITCHELL, INC., Trustee of the Estate of Daniel C. Hanna and Daniel C. Hanna, Appellees/Cross-Appellants.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 15, 1994.

Attorney(s) appearing for the Case

Ronald T. Adams, Black, Helterline, Portland, OR, for appellants/cross-appellees.

John C. Cahalan, Dunn, Carney, Allen, Higgins & Tongue, Portland, OR, for appellee/cross-appellant.

Before VOLINN, MEYERS and JONES, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

BACKGROUND

The debtor, Daniel C. Hanna ("Hanna"), and appellant, Gull Industries, Inc. ("Gull"), owned adjacent filling stations in Gresham, Oregon. Both filling stations leaked petroleum products into the soil, causing contamination. However, only Hanna's leakage reached the groundwater. The contamination of the groundwater is apparently a slow, continuing process which occurs after the soil is saturated...

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