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  5. 9 B.R. 952 (1981)
 

MATTER OF ZACHERL COAL CO.

Civ. A. Nos. 81-22 ERIE, 81-23 ERIE, Bankruptcy Nos. 79-00285, 79-00286, Adv. Nos. 80-215, 80-0214.

9 B.R. 952 (1981)

In the Matter of ZACHERL COAL COMPANY, INC., Debtor. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Plaintiff-Appellant, v. J. Edward SMITH, Trustee, Republic National Bank of Dallas, Defendants-Appellees, Equipment Finance, Inc., Defendant, C.I.T. Corporation, Defendant-Appellee. In the Matter of WAGNER COAL COMPANY, Debtor. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Plaintiff-Appellant, v. J. Edward SMITH, Trustee, Republic National Bank of Dallas, Northwest Pennsylvania Bank & Trust Company, Defendants-Appellees.

United States District Court, W.D. Pennsylvania.

As Amended March 30, 1981.

Attorney(s) appearing for the Case

Howard J. Wein, Asst. Atty. Gen., Com. of Pennsylvania, Dept. of Environmental Resources, Pittsburgh, Pa., for plaintiff-appellant.

Raymond L. Shapiro and Earl T. Stamm, Philadelphia, Pa., for defendant-appellee, Republic Nat. Bank of Dallas.

Hillard Kreimer, Pittsburgh, Pa. and John P. Leemhuis, Erie, Pa., for Trustee and Creditors' Committee.

Neal D. Colton, Philadelphia, Pa., for General Coal Co., defendant-appellee.

William J. McFate, Oil City, Pa., for Northwest Pennsylvania Bank, defendant-appellee.

George M. Cheever, Pittsburgh, Pa., for C.I.T. Corp., defendant-appellee.

John A. Miller, Beaver Falls, Pa., for Equipment Finance, Inc., defendant-appellee.

Robert W. Parker, Erie, Pa., for Intern. Harvestor Credit Corp. and Equico Lessors.

John L. Wagner, Reno, Nev., Elliott Lester, Cleveland, Ohio and Warren W. Bentz, Erie, Pa., for debtors.

OPINION

WEBER, Chief Judge.

These cases involve appeals from certain Orders of the Bankruptcy Court issued in connection with a Chapter 7 liquidation of two coal companies. In both cases the appellant, the Commonwealth of Pennsylvania, Department of Environmental Resources, is seeking reversal of a Bankruptcy Court order dismissing its complaint in an adversary proceeding. Because these two actions raise identical questions of law in similar factual settings...

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