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STATE OF N.Y. v. BLANK

No. 88-CV-163.

745 F.Supp. 841 (1990)

The STATE OF NEW YORK, Plaintiff, v. Walter T. BLANK, Abalene Pest Control Service, Inc., and Orkin Exterminating Company, Inc., Defendants. Walter T. BLANK and Abalene Pest Control Service, Inc., Third-Party Plaintiffs, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, New England Marine Contractors, Inc., Capital Mutual Insurance Co., and National Union Fire Insurance Co. of Pittsburgh, Pa., Third-Party Defendants.

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

As Amended October 3, 1990.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen., State of N.Y. (Martha McCabe, Asst. Atty. Gen., of counsel), Albany, N.Y., for plaintiff The Capitol.

Ogletree Deakins Nash Smoak & Stewart (Charles A. Perry, of counsel), Atlanta, Ga., and Ogletree Deakins Nash Smoak & Stewart (Franklin H. Goldberger, of counsel), Albany, N.Y., for defendant Orkin Exterminating Co., Inc.

Whiteman Osterman & Hanna (Margaret J. Gillis, of counsel), Albany, N.Y., for defendants and third party plaintiffs Abalene Pest Control and Walter Blank.

Downs, Rachlin & Martin (William Pearson, of counsel), Burlington, Vt., DeGraff Foy Conway Holt-Harris & Mealey (David Kunz, of counsel), Albany, N.Y., for third-party defendant New England Marine Contractors, Inc.

Sheft Wright & Sweeney (David Holmes, of counsel), New York City, Smith Sovik Kendrick Schwarzer & Sugnet (William Sugnet, of counsel), Syracuse, N.Y., for third-party defendant Nat. Union Fire Ins. Co.

Hancock and Estabrook (Alan J. Pierce, of counsel), Syracuse, N.Y., for third-party defendant Capital Mut. Ins. Co.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

I. INTRODUCTION

In February of 1988, the State of New York initiated this action pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), as well as state statutory and common law, for the remediation of pollution at a site located in the Town of Moreau, South Glens Falls, New York. The State alleged that the site was the location from which first Abalene...

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