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IN RE APCO LIQUIDATING TRUST

No. 05-12355 (BLS). Misc. No. 08-102.

420 B.R. 648 (2009)

In re APCO LIQUIDATING TRUST and APCO Missing Stockholder Trust Debtors. John G. McMillian, as Liquidating Trustee for the APCO Liquidating Trust and APCO Missing Stockholder Trust, Plaintiff v. United States of America, United States General Services Administration, United States Environmental Protection Agency, State of Oklahoma and Oklahoma Department of Environmental Quality, Defendants.

United States Bankruptcy Court, M.D. Louisiana.

December 14, 2009.

Attorney(s) appearing for the Case

Neal H. Weinfield, Matthew F. Prewitt (argued), Greenberg Traurig, LLP, Chicago, IL, Andree Matherne Cullens, Taylor, Porter, Brooks & Phillips LLP, Baton Rouge, LA, for Apco Liquidating Trust.

Kirk W. Koester (argued), United States Department of Justice, Washington, DC, John J. Gaupp, Assistant United States Attorney, Baton Rouge, LA, for United States Environmental Protection Agency.

Brandon A. Brown, Gordon Arata McCollam Duplantis & Eagan LLP, David W. Carley, Graves Carley LLP, Baton Rouge, LA, for Shaw Environmental, Inc.

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

Plaintiff John G. McMillian, Liquidating Trustee for the Apco Liquidation Trust and Apco Missing Stockholder Trust ("Liquidating Trustee"), petitions to enforce a subpoena he issued to Shaw Environmental, Inc. ("Shaw") in connection with a dispute in the United States Bankruptcy Court for the District of Delaware. The Environmental Protection Agency ("EPA") opposes the petition and resists production...

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