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ENVIRONMENTAL DEFENSE FUND v. WHEELABRATOR TECH.

No. 1219, Docket 90-7437.

931 F.2d 211 (1991)

ENVIRONMENTAL DEFENSE FUND, INC., Plaintiff-Appellant, v. WHEELABRATOR TECHNOLOGIES, INC., Westchester Resco Company, L.P., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 24, 1991.

Attorney(s) appearing for the Case

R. Edward Wilhoite, Jr., Despres, Schwartz & Geoghegan, Chicago, Ill. (Robert L. Graham, Laura A. Kaster, Gretchen M. Livingston, Robert L. Denby, Jenner & Block, Chicago, Ill., Karen Florini, Environmental Defense Fund, Washington, D.C., of counsel), for appellant.

John G. Koeltl, New York City (Daniel G. Murphy, Ted S. Ward, Debevoise & Plimpton, New York City, Harold Himmelman, David M. Friedland, Stanley S. Sokul, Beveridge & Diamond, Washington, D.C., of counsel), for appellees.

Before MESKILL, MINER and ALTIMARI, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment entered in the United States District Court for the Southern District of New York, Haight, J., on April 16, 1990, granting summary judgment in favor of the defendants Wheelabrator Technologies, Inc. and Westchester Resco Company, L.P. (collectively "Wheelabrator"), and dismissing plaintiff Environmental Defense Fund's (EDF) complaint with prejudice. Judgment was entered pursuant to Judge Haight's order...

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