UNION CNTY. UTIL. AUTH. v. BERGEN CNTY. UTIL. AUTH.

No. Civ.A. 97-6126(JEI).

995 F.Supp. 506 (1998)

The UNION COUNTY UTILITIES AUTHORITY, a Public Body Corporate and Politic of the State of New Jersey, and Ogden Martin Systems of Union, Inc. (Intervenor), Plaintiffs, v. The BERGEN COUNTY UTILITIES AUTHORITY, a Public Body Corporate and Politic of the State of New Jersey, and The County of Bergen, New Jersey, a Municipal Corporation of the State of New Jersey, Defendants.

United States District Court, D. New Jersey.

February 23, 1998.


Attorney(s) appearing for the Case

Bivona, Cohen, Kunzman, Coley, Yospin, Bernstein & DiFrancesco, by Steven A. Kunzman, Patrice M. Rodman, Warren, NJ, for plaintiff, the Union County Utilities Authority.

Sinisi, Van Dam, Sproviero & Sokolich, by Stephen P. Sinisi, Scott G. Sproviero, Paramus, NJ, for defendant, the Bergen County Utilities Authority.

Barbara H. Parker, Asst. County Counsel, Hackensack, NJ, for defendant, Bergen County.

Riker, Danzig, Scherer, Hyland & Perretti, LLP, by Robert J. Gilson, Morristown, NJ, for plaintiff-intervenor, Ogden Martin Systems of Union, Inc.

Peter Verniero, Atty. Gen. of New Jersey, by Stefanie A. Brand, Deputy Atty. Gen., Newark, NJ, for the State of New Jersey Dept. of Environmental Protection.

Riker, Danzig, Scherer, Hyland & Perretti, LLP, by Edward K. DeHope, Morristown, NJ, for Amicus Curiae, Integrated Waste Services Association.

Porzio, Bromberg & Newman, P.C., by Jay R. McDaniel, Morristown, NJ, for Amicus Curiae, MBIA Insurance Corp.


OPINION

IRENAS, District Judge.

Presently before the Court is the application of the Bergen County Utilities Authority ("BCUA") requesting us to vacate a state court temporary restraining order which directs it to continue making payments to the Union County Utilities Authority ("UCUA") pursuant to the "put-or-pay" provisions of a solid waste disposal contract. Also before the court is UCUA's application for...

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