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STATE OF N.Y. v. PANEX INDUSTRIES, INC.

No. 94-CV-0400E(H).

860 F.Supp. 977 (1994)

The STATE OF NEW YORK and Langdon Marsh, as Acting Commissioner of the New York State Department of Environmental Conservation and Trustee of the Natural Resources, Plaintiffs, v. PANEX INDUSTRIES, INC., Panex Industries, Inc. Liquidating Trust, Daniel Rosenbloom and Paul Lazare, as Trustees of Panex Industries, Inc. Liquidating Trust, Alpine Group, Inc., Rochester Button Company, Inc., Turbodyne Electric Power Corporation, McGraw-Edison Company, Inc., Dresser-Rand Company, Abb Air Preheater, Inc. and Village of Wellsville, Defendants.

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

August 16, 1994.

Attorney(s) appearing for the Case

Roberta G. Gordon, Asst. Atty. Gen., Environmental Protection Bureau, New York City, for plaintiff.

Richard G. Leland, Joseph Zuckerman, Rosenman & Colin, New York City, for Panex defendants.

Daniel Riesel, Sive, Paget & Riesel, P.C., New York City, for Edison-McGraw.

Richard A. Palumbo, Boylan, Brown, Code, Fowler & Wilson, Rochester, NY, for Village of Wellsville.

Thomas Moore Griffin, New York City, for Alpine Group.

Morgan G. Graham, Kevin M. Hogan, Philips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, for ABB Air Preheater.

Laurie Styka Bloom, Nixon, Hargrave, Devans & Doyle, Buffalo, NY, for Dresser-Rand and Turbodyne Elec.

John Osnato, Kavanagh Peters Powell & Osnato, New York City, for Rochester Button.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

The plaintiffs brought this action pursuant to New York's common law and the Comprehensive Environmental Response, Compensation & Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., seeking from the defendants costs for the cleanup of the Wellsville-Andover landfill ("the Site") in which defendant Panex Industries Inc. ("Panex")—a Delaware corporation—allegedly disposed of chemicals...

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