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In re King Service Inc.

June 28, 2006

IN RE: KING SERVICE, INC., D/B/A KING FUELS, DEBTOR.
KING SERVICE, INC., D/B/A KING FUELS, PLAINTIFF,
v.
NIAGARA MOHAWK POWER CORPORATION, DEFENDANT.



The opinion of the court was delivered by: David N. Hurd United States District Judge

MEMORANDUM-DECISION and ORDER

Niagara Mohawk moves to withdraw the reference to the Bankruptcy Court. King Service, Inc. opposes. The motion was taken on submission without oral argument.

Niagara Mohawk's motion is grounded in the theory that, given the CERCLA action pending in the district court, good cause exists to hear the CERCLA matter and the adversary proceeding, which is based upon environmental contamination and remediation at the same site as the CERCLA action, in the same forum. In a Memorandum-Decision and Order in the CERCLA action, No. 98-CV-1039, filed this date, dismissing that case in its entirety, there remain no grounds for withdrawing the reference.

Accordingly, it is ORDERED that Niagara Mohawk Power Corporation's motion to withdraw the reference is DENIED.

IT IS SO ORDERED.

20060628

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