THIS WAS A COST RECOVERY FOR A PROPOSED CLEANUP AT A BANK- RUPT'S PROPERTY. IN EXCHANGE EPA GAVE NEW OWNER COVENANT NOT TO SUE. BNI AND ENVIRONMENTAL SYSTEM CORP. OF MICHIGAN (ESCM - BAN KRUPTCY DEBTORS) MADE INQUIRY OF REGIONAL COUNSEL WHETHER A NEW PURCHASER (LOMAC) OF BNI AND ESCM COULD RECEIVE A COVE- NANT TO SUE (CNTS) FOR EXISTING CONTAMINATION ON BNI PROPER- TY FROM EPA AND STATE IN EXCHANGE FOR $11-12 MILLIONS DOL- LARS FOR CLEANUP OF BNI PROPERTY.