IN RE SAFETY-KLEEN CORP.

Bankruptcy No. 00-02303(PJW). Adversary No. 05-50474(PJW).

380 B.R. 716 (2008)

In re SAFETY-KLEEN CORP., et al., Debtors. Clean Harbors, Inc., Plaintiff/Counterclaim Defendant, v. Arkema, Inc., f/k/a Atofina Chemical, Inc., and also Elf Atochem North America, Inc., Helen Kramer Landfill Superfund Site Group, and Ballard, Spahr, Andrews & Ingersoll, LLP, Defendants/Counter-claimants.

United States Bankruptcy Court, D. Delaware.

January 3, 2008.


Attorney(s) appearing for the Case

Michael R. Lastowski, Sommer L. Ross, Duane Morris LLP, Wilmington, DE, to Plaintiff.

Tobey M. Daluz, Leslie C. Heilman, Ballard Spahr Andrews & Ingersoll, LLP, Wilmington, DE, Vincent J. Marriott, III, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, PA, to Defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

PETER J. WALSH, Bankruptcy Judge.

This adversary proceeding arises out of the Chapter 11 bankruptcy case of Safety-Kleen Corp. ("Safety-Kleen") pursuant to which Safety-Kleen sold one of its operating divisions to Clean Harbors, Inc. ("Clean Harbors"). Clean Harbors seeks a declaration that (i) it did not assume the Kramer Superfund Liabilities2

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