IN RE ALBION DISPOSAL, INC.

No. 97-CV-0024E(SC), No. AP 96-1093K.

217 B.R. 394 (1997)

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., and Orleans Sanitary Landfill, Inc., and Waste Management of New York, Inc., Plaintiffs/Appellees, v. TOWN OF ALBION and Town Board of Town of Albion, Defendants/Appellants.

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

August 11, 1997.


Attorney(s) appearing for the Case

Joseph Zagraniczny, Scott R. Hatz, Bond, Schoeneck & King, Syracuse, NY, for Waste Management of New York, Inc.

Cheryl R. Storie, Julia S. Kreher, Hodgson, Russ, Andrews, Woods & Goodyear, Christopher K. Reed, Buffalo, NY, for Town of Albion and Town Board of Town of Albion.

Raymond Fink, Harter, Secrest & Emery, Buffalo, NY, for Craig A. Slater.


MEMORANDUM and ORDER

ELFVIN, District Judge.

Presently before this Court is an appeal by defendants-appellants Town of Albion and Town Board of the Town of Albion (collectively, "the Town") from an order of the Bankruptcy Court dated December 12, 1996 ("the December 12 Order") that denied the Town's motion to dismiss this adversary proceeding. For the reasons set forth below, the December 12 Order will be affirmed.

For purposes of the instant appeal...

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