Free Order - District Court of Delaware - Delaware

Case 1 :08-cv—00087-GIVIS Document 6 Filed 08/25/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: :
SAFETY-KLEEN, el al.,
CLEAN HARBORS, INC.,
: Civil Action No. 08-87 (GMS)
Appellant, :
v.
ARKEMA, INC., f/k/a ATOF INA CHEMICAL, Bankruptcy Case No. 00-02303 (PJW)
INC., and also f/k/a ELF ATOCHEM NORTH : Adv. Pro. No. 05-50474
AMERICA, INC., HELEN KRAMER LANDFILL : Bankruptcy Appeal N0. 08-3
SUPERFUND SITE GROUP, and BALLARD, :
SPAHR, ANDREWS & INGERSOLL, LLP,l :
Appellees.
ORDER AMENDING JUDGMENT PURSUANT TO FED. R. BANKR. P. 8012
This matter having come before the Court on the Joint Unopposed Motion of
Appellant, Clean Harbors, Inc., and Appellees, Arkema, Inc., f/k/a/ Atofina Chemical,
Inc., and also f/k/a Elf Atochem North America, Inc., and Helen Kramer Landfill
Superfund Site Group, to Modify the Court’s Findings of Fact and Conclusions of Law
[D.I. 61] and Judgment Order [D.I. 62], pursuant to Fed. R. Bankr. P. 8012 and the Court
1 Ballard Spahr Andrews & Ingersoll, LLP was dismissed as a defendant in this adversary proceeding as a
result of the dismissal of Count Ill of Clean Harbors Adversary Complaint pursuant to the Bankruptcy
Court’s Order and Memorandum Opinion, each dated October 19, 2005. See Adv. D.I. 15 & 16
DMsw19v63.2

Case 1 :08-cv—00087-GIVIS Document 6 Filed 08/25/2008 Page 2 of 2
having reviewed the Motion Zand determined that the relief requested in the Motion is
warranted; it is hereby Ordered that:
1. The relief sought inthe Motion be, and it hereby is, GRANTED.
2. Pursuant to Fed. R. Bankr. P. 8012, the Court°s Findings of Fact
and Conclusions of Law [D.I. 61] and Judgment Order [D.I. 62], both dated January 3,
2008, are both hereby amended to provide that judgment is entered in favor of
Defendants and against Clean Harbors solely on the grounds that the Kramer Site appears
on Exhibit A to the Sale Order, and not on the grounds that Clean Harbors is a successor
to the Debtors.
3. This Court shall retain jurisdiction to decide any disputes arising
with respect to the terms and conditions of this Order.
Dated: Wilmington, Delaware
jl`q..,j‘ 5 , 2008 ’
1..
‘ on •w• Gr ory M. Sleet
Unite tates District Court Judge
2 Unless otherwise indicated, all capitalized terms used herein shall have the meanings ascribed to them in
the Motion.
F I L E D
2
DM3\7l9763.2 AUG 2 5 2008
u.s. DISTRICT COURT
DISTRICT OF DELAWARE

Case 1:08-cv-00087-GMS

Document 6

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Case 1:08-cv-00087-GMS

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