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INTEGRATED WASTE SERVICES v. AKZO NOBEL SALT

No. 551, Docket 96-7507.

113 F.3d 296 (1996)

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

United States Court of Appeals, Second Circuit.

Decided April 29, 1996.

Attorney(s) appearing for the Case

Donald G. McGrath, Buffalo, NY (Stephen F. Szymoniak, Falk & Siemer, L.L.P., Buffalo, NY, of counsel), for Plaintiffs-Appellants.

Kenneth A. Payment, Rochester, NY (A. Paul Britton, Harter, Secrest & Emery, Rochester, NY, of counsel), for Defendant-Appellee.

Before CARDAMONE and CALABRESI, Circuit Judges, and POOLER, District Judge.

CALABRESI, Circuit Judge:

Plaintiffs-appellants Integrated Waste Services, Inc. and Bear Development Company, Inc. (collectively "Developers") appeal from a summary judgment entered April 16, 1996 in favor of defendant-appellee Akzo Nobel Salt, Inc. ("Akzo") in the United States District Court for the Western District of New York (Larimer, C.J.). The judgment dismissed the Developers' claims for negligence, strict liability, nuisance, trespass, and gross negligence...

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