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INTERNATIONAL SALT CO. v. GEOSTOW

Nos. 848 to 850 and 952, Dockets 88-7959, 88-7961, 88-7963 and 88-9013.

878 F.2d 570 (1989)

INTERNATIONAL SALT COMPANY, Appellee, Cross-Appellant, v. GEOSTOW, A Limited Partnership, Geostock New York Holdings, Inc., Northeastern Waste Services, Inc., Bear Development Company, Inc., James Hagan, William Selden, Cynthia Selden, and William Austin Wadsworth, Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 16, 1989.

Attorney(s) appearing for the Case

Kenneth A. Payment, Rochester, N.Y. (A. Paul Britton and Harter, Secrest & Emery, Rochester, N.Y., on the brief) for appellee, cross-appellant Intern. Salt Co.

Gregory P. Photiadis, Buffalo, N.Y. (Duke, Holzman, Yaeger & Radlin, Buffalo, N.Y., on the brief) for appellants, cross-appellees Geostow, Geostock New York Holdings, Inc., Northeastern Waste Services, Inc. and Bear Development Co., Inc.

Alan J. Knauf, Pittsford, N.Y., submitted a brief, for amicus curiae Protect a Clean Environment, Inc. (PACE).

Before TIMBERS, MESKILL and NEWMAN, Circuit Judges.

TIMBERS, Circuit Judge:

This is an appeal and cross-appeal from an order and judgment entered November 10, 1988 in the Western District of New York, David G. Larimer, District Judge, which granted partial summary judgment in favor of appellee, cross-appellant International Salt Company (International Salt)1 on Count I of its complaint and declared the rights of the parties in this diversity action to quiet title pursuant to Article...

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