Legal Opinion

Hudson River Sloop Clearwater, Inc. v. Revere Copper Products, Inc. (In Re Revere Copper & Brass, Inc.)

District Court, S.D. New York

Decided August 22, 1983No. 83 Civ. 4005(MP)PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM

MILTON POLLACK, District Judge.

Hudson River Sloop Clearwater, Inc. and National Resources Defense Council, Inc., appeal from an order of the United States Bankruptcy Court that permanently enjoined appellants from continuing a citizen action against Revere Copper Products, Inc. brought pursuant to the Clean Water Act, 33 U.S.C. § 1251, et seq. Appellants assert two grounds for reversal. They argue that the Clean Water Act action falls within the exception to the automatic stay provision of Section 362 of Title 11, United States Code, that covers suits by governmental units. Also,…

2Cases cited2 opinions

  1. In the Matter of Investors Funding Corp. Of New York, Ifc Collateral Corp., Debtors. Jaytee-Penndel Co. v. James Bloor, Reorganization TrusteeCourt of Appeals for the Second Circuit · 1976
  2. Revere Copper Products, Inc. v. Hudson River Sloop Clearwater, Inc. (In Re Revere Copper & Brass, Inc.)United States Bankruptcy Court, S.D. New York · 1983

3Cited by21 opinions

  1. Wade v. State Bar of Arizona (In Re Wade)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  2. Pension Benefit Guaranty Corp. v. LTV Corp. (In Re Chateaugay Corp.)District Court, S.D. New York · 1988
  3. Matter of Kennise Diversified Corp.United States Bankruptcy Court, S.D. New York · 1983
  4. LTV Corp. v. Pension Benefit Guaranty Corp. (In Re Chateaugay Corp.)United States Bankruptcy Court, S.D. New York · 1990
  5. In Re KishUnited States Bankruptcy Court, E.D. Michigan · 1984

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