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FLACKE v. NL INDUS., INC.

228 A.D.2d 888 (1996)

644 N.Y.S.2d 404

Robert F. Flacke, as Commissioner of Environmental Conservation of the State of New York, et al., Appellants-Respondents, v. NL Industries, Inc., Respondent-Appellant. (Action No. 1.) Robert F. Flacke, as Commissioner of Environmental Conservation of the State of New York, Appellant-Respondent, v. Federal Insurance Company et al., Respondents-Appellants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 20, 1996

Spain, J.

From 1958 through 1981, defendant NL Industries, Inc. owned and operated a manufacturing plant in the Town of Colonie, Albany County. There NL produced aircraft components, missile components and military equipment using a manufacturing technique which required, in part, the processing of depleted uranium. This process created chips and slivers which were burned in a furnace known as a chip melter...

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