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CUMBERLAND FARMS v. FL DEPT. OF ENVIR. PROTECTION

No. 96-2371.

116 F.3d 16 (1997)

CUMBERLAND FARMS, INC., Appellant, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

United States Court of Appeals, First Circuit.

Decided June 19, 1997.

Attorney(s) appearing for the Case

Barbara D. Gilmore, Boston, MA, with whom Sullivan & Worcester LLP, Boston, MA, and Mark G. Howard, Canton, MA, were on brief, for appellant.

Jonathan H. Alden, Assistant General Counsel, Florida Department of Environmental Protection, Tallahassee, FL, for appellee.

Before TORRUELLA, Chief Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

BOWNES, Senior Circuit Judge.

This is an appeal from the judgment of the district court affirming the summary judgment of the bankruptcy court imposing a fine against debtor-appellant Cumberland Farms, Inc., for failure to follow Florida laws and regulations covering the maintenance of petroleum underground storage tanks (USTs). Cumberland was a debtor-in-possession in a Chapter 11 reorganization proceeding. The district court also affirmed the ruling of the bankruptcy...

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