MATTER OF CRYSTAL OIL CO.

No. 97-30423.

158 F.3d 291 (1998)

In the Matter of CRYSTAL OIL COMPANY, Debtor. LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY; Olin Corporation, Appellants, v. CRYSTAL OIL COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

October 20, 1998.


Attorney(s) appearing for the Case

Caroline C. Donlon, Elliott B. Vega, Dept. of Environmental Quality, Legal Div., Baton Rouge, LA, for Louisiana Dept. of Environmental Quality, Appellant.

Osborne J. Dykes, Zack A. Clement, Rebecca J. Cole, Andrew Lee Pickens, Edward C. Lewis, Fulbright & Jaworski, Houston, TX, Albert M. Hand, Jr., James Robert Jeter, Cook, Yancey, King & Galloway, Shreveport, LA, for Crystal Oil Co.

Alan S. Tenebaum, U.S. Dept. of Justice, Environment Enforcement Section, Washington, DC, for United States of America, Amicus Curiae.

William Martin Hudson, III, Lawrence E. Marino, Oats & Hudson, Lafayette, LA, Lawrence A. Durant, Baton Rouge, LA, for Louisiana Dept. of Transportation and Development, Amicus Curiae.

David A. Warfield, Phyllis Schauffler, Mark G. Arnold, Husch & Eppenberger, St. Louis, MO, Robert William Johnson, W. Michael Adams, Blanchard, Walker, O'Quin & Roberts, Shreveport, LA, for Olin Corp.

Before POLITZ, Chief Judge, and REAVLEY and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This bankruptcy appeal arises from a decision that the environmental damage claims of the Louisiana Department of Environmental Quality ("LDEQ") against Crystal Oil Company ("Crystal") were discharged by LDEQ's failure to bring its claim prior to the bar date established in the bankruptcy proceeding. For the reasons set forth below, we find no error on the part of the district court.

I

From 1926 to 1965, Crystal Oil...

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