U.S. v. APEX OIL CO., INC.

No. 05-CV-242-DRH.

438 F.Supp.2d 948 (2006)

UNITED STATES of America, Plaintiff, v. APEX OIL COMPANY, INC. Defendant.

United States District Court, S.D. Illinois.

July 6, 2006.


Attorney(s) appearing for the Case

Jeffrey A. Spector, Thomas L. Sansonetti, Environment & Natural Resources Division, U.S. Department Of Justice, Washington, DC, William E. Coonan, Assistant U.S. Attorney, Fairview Heights, IL, for Plaintiff.

James V. O'Brien, Richard A. Ahrens, Theodore H. Lucas, Lewis, Rice et al., St. Louis, MO, for Defendant.


MEMORANDUM AND ORDER

HERNDON, District Judge.

I. Introduction

Before the Court is a motion submitted by the government seeking partial summary judgment on its second cause of action. (Doc. 18.) Specifically, the government moves for a declaration pursuant to 28 U.S.C. § 2201 that the injunctive relief it seeks in its first cause of action does not constitute a dischargeable "claim" under the Bankruptcy Code. (

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