OPINION AND ORDER
CONBOY, District Judge:
This Opinion and Order addresses only the two motions currently pending before the Court which involve defendant Refinemet International, Inc. ("Refinemet"), one of the two remaining defendants in this action, along with Alcan Aluminum Corporation. These two motions are the City of New York's ("the City's") motion for summary judgment against Refinemet, and the City's motion for an order withdrawing a
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