COOPER INDUSTRIES, INC. v. AGWAY, INC.

No. 92-CV-0748.

956 F.Supp. 240 (1997)

COOPER INDUSTRIES, INC.; Keystone Consolidated Industries, Inc.; The Monarch Machine Tool Co.; Niagara Mohawk Power Corporation; Overhead Door Corporation, Plaintiffs, v. AGWAY, INC.; BMC Industries, Inc.; Borg-Warner Corporation; Elf Atochem North America, Inc.; Mack Trucks, Inc.; Motor Transportation Services, Inc.; Pall Trinity Micro Corporation; The Raymond Corporation; Redding-Hunter, Inc.; Rotelcom, Inc.; Smith Corona Corporation; Sola Basic Industries, Inc.; Wilson Sporting Goods, Inc.; Philip A. Rosen; Harvey M. Rosen; City of Cortland; and New York State Electric and Gas Corporation, Defendants.

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

February 27, 1997.


Attorney(s) appearing for the Case

O'Connor, Gacioch & Pope, Binghamton, NY, for plaintiffs; Thomas F. O'Connor, Alan J. Pope, of counsel.

Weinberg, Bergeson & Neuman, Washington, D.C., for defendant Pall Trinity Micro; Reed W. Neuman, of counsel.


MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

The motion before the Court is brought by the above-referenced plaintiffs seeking summary judgment on the issue of liability as against the defendant Pall Trinity Micro Corporation ("PTM") for response costs at the so-called Rosen superfund site. The defendant opposes the motion and has cross-moved for summary judgment in its favor.

This case is brought under the Comprehensive...

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