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COUNTY OF SUFFOLK v. LONG ISLAND LIGHTING CO.

No. 82 Civ. 2045.

554 F.Supp. 399 (1983)

COUNTY OF SUFFOLK, in behalf of itself and all other ratepayers of the Long Island Lighting Company similarly situated, Plaintiff, v. LONG ISLAND LIGHTING COMPANY, General Electric Corporation, Stone & Webster Engineering Corp., Courter & Company Incorporated, Dravo Utility Constructors, Inc. and Comstock-Jackson, Defendants.

United States District Court, E.D. New York.

January 14, 1983.

Attorney(s) appearing for the Case

Reilly, Like & Schneider, by Irving Like, Sp. Counsel for the County of Suffolk, Babylon, N.Y., for plaintiff.

Cadwalader, Wickersham & Taft, New York City, Hunton & Williams, Richmond Va., for defendant Long Island Lighting Co.; George D. Reycraft, Richard J. Wiener, New York City, Edward M. Barrett, Rosalind M. Gordon, Mineola, N.Y., Joseph M. Spivey, III, D. Alan Rudlin, Richmond, Va., of counsel.

Mayer, Brown & Platt, Chicago, Ill., for defendant General Electric Co.; John M. Carroll, William A. Gordon, Chicago, Ill., of counsel.

Mudge, Rose, Guthrie & Alexander, New York City, for defendant Stone & Webster Engineering Corp.; Donald J. Zoeller, Laurence V. Senn, Jr., Barry Werbin, New York City, of counsel.

Breed, Abbott & Morgan, New York City, for defendant Courter & Co. Inc.; Robert J. Bagdasarian, New York City, of counsel.

LeBoeuf, Lamb, Leiby & MacRae, New York City, for defendant Dravo Utility Constructors, Inc.; John S. Kinzey, New York City, of counsel.

Parker, Chapin, Flattau & Klimpl, New York City, for defendant Comstock-Jackson; Alvin M. Stein, Menachem J. Kastner, New York City, of counsel.

BARTELS, District Judge.

This matter is before the Court on a motion to dismiss for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6). On October 27, 1982, this Court denied plaintiff's motion to remand the action to state court, holding that plaintiff's allegations of noncompliance by defendants with the safety regulations of the Nuclear Regulatory Commission (the "NRC") presented questions "arising under" the federal law. The question...

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