INTEGRATED WASTE SERV. v. AKZO NOBEL SALT

No. 95-CV-6247L.

921 F.Supp. 1037 (1996)

INTEGRATED WASTE SERVICES, INC. and Bear Development Company, Inc., Plaintiffs, v. AKZO NOBEL SALT, INC., f/k/a Akzo Salt, Inc., Defendant.

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

April 16, 1996.


Attorney(s) appearing for the Case

Stephen F. Szymoniak, Donald G. McGrath, Falk & Siemer, Buffalo, NY, for plaintiffs.

Kenneth A. Payment, Rochester, NY, for defendant.


DECISION AND ORDER

LARIMER, Chief Judge.

This is a diversity action brought by Integrated Waste Services, Inc. ("IWS") and Bear Development Company, Inc. ("Bear") against Akzo Nobel Salt, Inc. ("Akzo"). Plaintiffs assert claims for negligence, strict liability for conducting an abnormally dangerous activity, nuisance, and trespass, all in connection with certain salt-mining activities undertaken by Akzo. Akzo has moved for summary judgment.

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