IN RE WAR EAGLE CONST. CO., INC.

CIV.A. No. 5:01-0993. Bankruptcy No. 94-50371. Adversary No. 98-0161.

283 B.R. 193 (2002)

In re WAR EAGLE CONSTRUCTION CO., INC., a corporation, Debtor. H. Lynden Graham, Jr., Trustee of the Bankruptcy Estate of War Eagle Construction Co., Inc. Appellee, v. State of West Virginia, and Michael O. Callaghan, Secretary of the West Virginia Department of Environmental Protection, Defendant.

United States District Court, S.D. West Virginia.

September 18, 2002.


Attorney(s) appearing for the Case

Thomas L. Clarke, West Virginia Division of Environmental Protection, Office of Legal Services, Charleston, WV, for appellants.

Julia A. Chincheck, Robert L. Burns, Jr., David E. Potters, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for appellee.


MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Defendants/Appellants Michael O. Callaghan, Secretary of the West Virginia Division of Environmental Protection ("DEP"), and the State of West Virginia appeal two orders of the Bankruptcy Court. The first order denied Defendants' motion for summary judgment and granted the cross-motion for summary judgment filed by the debtor's Trustee, H. Lynden Graham, Jr. The second order denied Defendants' motion...

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