Babcock & Wilcox Co. v. Gas (In Re Babcock & Wilcox Co.)

MEMORANDUM OPINION

JERRY A. BROWN, Bankruptcy Judge.

This matter came before the court as a hearing on the motion of Babcock & Wilcox Company’s (“B & W” or “Debtor”) for summary judgment, and the opposition filed by Southern Indiana Gas and Electric Company (“SIGCO”). For the reasons expressed in the following opinion, the court denies the debtor’s motion for summary judgment.

I. Background Facts

This matter was initiated, on July 2, 2002, by the debtor’s First Omnibus Objection to Asbestos Property Damage Claims (“Objection”). SIGCO’s claim was filed on July 28, 2001, and consists of a claim…