Legal Opinion

Jensen v. California Department of Health Services (In Re Jensen)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 15, 1991No. BAP No. EC 90-1655-AsMeO, Bankruptcy No. 284-00512-A-7, Adv. No. 289-0147PublishedCited by 38 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge.

The debtors Robert and Rosemary Jensen (“Jensens”) appeal the bankruptcy court’s grant of summary judgment in favor of the State of California Department of Health Services (“DHS”), the California counterpart to the federal Environmental Protection Agency, upon the parties’ cross-motions for summary judgment. We reverse.

INTRODUCTION AND FACTS

The Jensens individually wholly-owned Jensen Lumber Company (“JLC”), whose manufacturing process included dipping logs in fungicide tanks. DHS generally seeks indemnity for cleanup costs incurred related to the fungicide…

2Cases cited18 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  3. Ohio v. KovacsSupreme Court of the United States · 1985
  4. In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
  5. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988

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3Cited by38 opinions

  1. In Re Robert Burns Jensen Rosemary Tooker Jensen, Debtors. California Department of Health Services v. Robert Burns Jensen Rosemary Tooker JensenCourt of Appeals for the Ninth Circuit · 1993
  2. In Re National Gypsum Co.District Court, N.D. Texas · 1992
  3. Texaco Inc. v. Sanders (In Re Texaco Inc.)United States Bankruptcy Court, S.D. New York · 1995
  4. In the Matter of Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Appeal of Washington State Department of TransportationCourt of Appeals for the Seventh Circuit · 1992
  5. United States v. LTV Corp. (In re Chateaugay Corp.)Court of Appeals for the Second Circuit · 1991

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