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GACHE v. TOWN OF HARRISON, N.Y.

No. 90 Civ. 5908 (GLG).

813 F.Supp. 1037 (1993)

Peter D. GACHE, Plaintiff, v. TOWN OF HARRISON, NEW YORK and The Village of Harrison, New York, Defendants.

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

February 9, 1993.

Attorney(s) appearing for the Case

Sidley & Austin, New York City, for plaintiff by Donald Stever, Mark Rachlin, Steven D. Myers, of counsel.

Skadden, Arps, Slate, Meacher & Flom, Washington, DC (John A. Amodeo, Jerry Jackson, of counsel), Ronald Bianchi, Town Atty., Harrison, NY, Daniel A. Piloseno, White Plains, NY, for defendants.

OPINION

GOETTEL, District Judge.

I. FACTUAL BACKGROUND

The Town of Harrison, New York maintains a municipal garage on Barnes Lane in the Purchase area of Harrison. The garage is primarily used for storage of highway maintenance vehicles. Beginning around 1970, the Town began dumping waste materials (including brush, concrete, scrap metal and auto parts) into a landfill behind the garage. Since 1970 and until 1989, when the Town ceased its dumping...

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