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IN RE COMBUSTION EQUIPMENT ASSOCIATES, INC.

No. 86 CIV 5816 (LBS).

67 B.R. 709 (1986)

In re COMBUSTION EQUIPMENT ASSOCIATES, INC., Debtor. CARTER DAY INDUSTRIES, INC., f/k/a Combustion Equipment Associates, Inc., Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and New Jersey Department of Environmental Protection, Defendants.

United States District Court, S.D. New York.

November 24, 1986.

Attorney(s) appearing for the Case

Anderson Russell Kill & Olick, P.C., New York City, for plaintiff; Roy Babitt, Arthur S. Olick, Warren R. Graham, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., New York City, for defendants; Alan Nisselson, Asst. U.S. Atty., Elizabeth Yu, U.S. Dept. of Justice, of counsel.

SAND, District Judge.

Defendant United States Environmental Protection Agency ("EPA") brings this motion for an order under 28 U.S.C. § 157(d) (Supp.1985) withdrawing to the United States District Court the reference made earlier to the Bankruptcy Court of the underlying adversary proceeding. EPA claims simultaneously that the underlying action is not ripe for adjudication, and thus this Court lacks subject matter jurisdiction. The plaintiff, Carter Day Industries...

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