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IN RE HEXCEL CORP.

Bankruptcy No. 93-48535 T. Adv. No. 94-4253 AT.

174 B.R. 807 (1994)

In re HEXCEL CORPORATION, Debtor-in-Possession. FINE ORGANICS CORPORATION, etc., Plaintiff, v. HEXCEL CORPORATION, etc., Defendant.

United States Bankruptcy Court, N.D. California.

November 28, 1994.

Attorney(s) appearing for the Case

Paul A. Epstein, Dennis D. Miller, Law Offices of Paul A. Epstein, San Francisco, CA, Richard E. Kummer, Kummer, Knox, Naughton & Hansbury, Parsippany, NJ, for plaintiff.

John M. Newman, Porzio, Bromberg & Newman, Morristown, NJ, Merle C. Meyers, Katherine D. Ray, Goldberg, Stinnett, Meyers & Davis, San Francisco, CA, for defendant.

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Defendant Hexcel Corporation ("Hexcel"), the above-captioned debtor, seeks partial summary judgment disallowing the claims of plaintiff Fine Organics Corporation ("Fine Organics") for future environmental response costs. Hexcel bases its motion on 11 U.S.C. § 502(e)(1)(B). For the reasons stated below, Hexcel's motion is granted.

SUMMARY OF FACTS

Fine Organics purchased certain...

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