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STILLOE v. ALMY BROS., INC.

No. 90-CV-818.

782 F.Supp. 731 (1992)

Louis A. STILLOE, Plaintiff, v. ALMY BROTHERS, INC., Robert J. McMahon and Mary A. McMahon, New York State Department of Environmental Conservation, Defendants.

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

January 22, 1992.

Attorney(s) appearing for the Case

Butler Allen Clark & Place, Vestal, N.Y., for plaintiff; Earl D. Butler, David S. Berger, of counsel.

Kramer Wales & Wright, Binghamton, N.Y., for defendant Almy Bros.; Robert H. Wedlake, of counsel.

Alexander W. Luckanick, Binghamton, N.Y., for defendants Robert and Mary McMahon.

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

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

INTRODUCTION

The New York State Department of Environmental Conservation ("DEC") seeks reconsideration or, in the alternative, certification pursuant to 28 U.S.C. section 1292(b) of this court's March 19, 1991, order denying DEC's motion to dismiss claims and counter-claims against DEC for its hazardous waste clean-up activity.

This court's March 19th order denied DEC's motion on the grounds...

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