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ONONDAGA LANDFILL SYSTEMS, INC. v. WILLIAMS

No. 84-CV-1637.

624 F.Supp. 25 (1985)

ONONDAGA LANDFILL SYSTEMS, INC., Joseph R. Tripoli and Mary E. Tripoli, Plaintiffs, v. Henry G. WILLIAMS, Individually, and as Commissioner of the New York State Department of Environmental Conservation, and Richard J. Brickwedde, Individually, and as Regional Attorney for the New York State Department of Environmental Conservation, Defendants.

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

January 29, 1985.

Attorney(s) appearing for the Case

Obold Burstein & McGowan (Alan S. Burstein, Robert A. Barrer, Syracuse, N.Y., of counsel), for plaintiffs.

Robert Abrams, Atty. Gen., Environmental Protection Bureau of State of New York (Douglas L. Ward, Asst. Atty. Gen., Albany, N.Y., of counsel), for defendants.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Presently before the court is defendants' motion to dismiss the complaint and plaintiffs' motion for summary judgment. For the reasons discussed below, the court grants dismissal and denies summary judgment.

BACKGROUND

Plaintiffs Onondaga Landfill Systems, Inc. (OLSI), Joseph R. Tripoli, and Mary E. Tripoli are the owners and operators of a sanitary landfill in Onondaga, New York. They...

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