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STATE OF N.Y. v. WESTWOOD-SQUIBB PHARMACEUTICAL, CO.

No. 90-CV-1324C.

981 F.Supp. 768 (1997)

STATE OF NEW YORK and Thomas C. Jorling, Commissioner of the New York State Department of Environmental Conservation, Plaintiffs, v. WESTWOOD-SQUIBB PHARMACEUTICAL CO., INC., and National Fuel Gas Distribution Corporation, Defendants.

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

September 25, 1997.

Attorney(s) appearing for the Case

Buchanan Ingersoll Professional Corp., Pittsburgh, PA (Daniel M. Darragh, of counsel), for Westwood-Squibb Pharmaceutical Co., Inc.

Phillips, Lytle, Blaine, Hitchcock & Huber, Buffalo, NY (Robert E. Glanville, of counsel), for National Fuel Gas Dist. Corp.

DECISION and ORDER

CURTIN, District Judge.

PROCEDURAL HISTORY

In December 1990, the State of New York commenced the present CERCLA action against Westwood-Squibb Pharmaceuticals, Inc. ("Westwood"), as owner of an 8.8 acre parcel of property bounded by Dart Street and Bradley Street in the City of Buffalo. Westwood purchased the parcel from the Iroquois Gas Corporation ("Iroquois") in 1972. During construction and associated soil testing, Westwood...

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