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IN RE EAGLE-PICHER INDUSTRIES, INC.

BAP No. 98-8082.

235 B.R. 876 (1999)

In re EAGLE-PICHER INDUSTRIES, INC., Debtor. Norpak Corporation, Plaintiff-Appellant, v. Eagle-Picher Industries, Inc., Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided July 20, 1999.

Attorney(s) appearing for the Case

Thomas W. Coffey, Kevin R. Feazell, Cors & Bassett, Cincinnati, Ohio, for Appellant.

Debra A. Dandeneau, Weil, Gotshal & Manges, Miami, Florida, Stephen Karotkin, Weil, Gotshal & Manges, New York City, for Appellee.

Before MORGENSTERN-CLARREN, RHODES, and STOSBERG, Bankruptcy Appellate Panel Judges.

OPINION

Under 11 U.S.C. § 502(e)(1)(B), Norpak's contingent environmental claim for reimbursement or contribution against Eagle-Picher must be disallowed if Eagle-Picher and Norpak are co-liable to either the Environmental Protection Agency or the New Jersey Department of Environmental Protection and Energy. On a previous appeal of this matter, the United States Court of Appeals for the Sixth Circuit remanded the matter to the bankruptcy court with specific...

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