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IN RE ALBION DISPOSAL, INC.

Bankruptcy Nos. 91-12805K to 91-12807K, 91-12889K and 91-12878K, Adv. No. 96-1093K.

203 B.R. 884 (1996)

In re ALBION DISPOSAL, INC., I & J Disposal of Western New York, Inc., J & I Disposal, Inc., 11372 Main Street, Inc., Orleans Sanitary Landfill, Inc., Debtors. Craig A. SLATER, as Trustee of Albion Disposal, Inc., I & J Disposal of Western New York, Inc., J & I Disposal, Inc., Orleans Sanitary Landfill, Inc. and Waste Management of New York, Inc., Plaintiffs, v. TOWN OF ALBION, Town Board of the Town of Albion, Defendants.

United States Bankruptcy Court, W.D. New York.

December 12, 1996.

Attorney(s) appearing for the Case

Joseph Zagraniczny, Bond, Schoeneck & King, L.L.P., Syracuse, NY, for Waste Management of New York, Inc.

Raymond L. Fink, Harter, Secrest & Emery, Buffalo, NY, for Trustee.

Cheryl R. Storie, Julia S. Kreher, Hodgson, Russ, Andrews, Woods & Goodyear, L.L.P., Buffalo, NY, for Defendants.

MICHAEL J. KAPLAN, Chief Judge.

I. BACKGROUND

The history of these cases is set forth in detail in this Court's previous decision in the case of In re Albion Disposal, Inc., 152 B.R. 794 (Bankr.W.D.N.Y.1993), and need not be repeated here. Relevant to this decision, however, are certain facts which are repeated below.

Prior to their 1991 bankruptcy filing the Debtors in these cases owned and operated...

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