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MACY'S EAST v. EMERGENCY ENVIRONMENTAL SERVICES

No. 95 Civ. 9856(JSR).

925 F.Supp. 191 (1996)

MACY'S EAST, INC., successor in interest to Macy's Northeast, Inc., to its own use and to the use of Zurich Insurance Company, Plaintiff, v. The EMERGENCY ENVIRONMENTAL SERVICES, INC., et al., Defendants.

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

May 14, 1996.

Attorney(s) appearing for the Case

Barry I. Fredericks, Gilberg & Kurent, New York City, Edward A. Kurent, Gilberg & Kurent, Washington, DC, for Plaintiff.

Kevin J. Barry, Sweeney & Barry L.L.P., White Plains, NY, for Defendant.

MEMORANDUM ORDER

RAKOFF, District Judge.

Before the Court is the question of whether this RICO action should be dismissed or stayed because it largely duplicates a state court action filed four days earlier. The Court concludes that no dismissal or stay is warranted.

In 1993, Macy's Northeast, Inc. hired Emergency Environmental Services, Inc. ("EES") to help with environmental clean-up of a heating oil leakage at Macy's department store in New Rochelle...

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