STATE OF N.Y. v. CITY OF JOHNSTOWN, N.Y.

Nos. 87-CV-636, 87-CV-637.

701 F.Supp. 33 (1988)

STATE OF NEW YORK, Plaintiff, v. CITY OF JOHNSTOWN, N.Y., et al., Defendants. STATE OF NEW YORK, Plaintiff, v. CITY OF GLOVERSVILLE, N.Y., et al., Defendants.

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

December 13, 1988.


Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen., State of N.Y., Dept. of Law, Albany, N.Y., for plaintiff; John J. Privitera, Asst. Atty. Gen., of counsel.

Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, Roseland, N.J., for defendants Milligan & Higgins, Corp.; Norman W. Spindel, of counsel.


MEMORANDUM-DECISION AND ORDER

CHOLAKIS, District Judge.

These are actions brought by the State of New York pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S. C. § 9601 et seq. (1982), as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), Pub.L. No. 99-499, 100 Stat. 1613 (1986), and New York's common law of nuisance and restitution. The State seeks to abate...

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