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STATE OF NEW YORK v. LUDLOW'S SANITARY LANDFILL

No. 86-CV-0853.

50 F.Supp.2d 135 (1999)

STATE OF NEW YORK, Plaintiff, v. LUDLOW'S SANITARY LANDFILL, INC., G. Kevin Ludlow, James Ludlow, and Ludlow's Sand and Gravel Company, Inc., Defendants. Ludlow's Sanitary Landfill, Inc., G. Kevin Ludlow, James Ludlow, and Ludlow's Sand and Gravel Company, Inc., Third-Party Plaintiffs, v. United Auto Sales of Utica, Inc., Chesebrough-Ponds, Inc., Special Metals Corp., North Motor Equipment and Machinery Company, Inc., and Utica Cutlery, Inc., Third-Party Defendants. Special Metals Corporation, Fourth-Party Plaintiff, v. Lumbermens Mutual Casualty Company and Certain Other Underwriters at Lloyd's, Fourth-Party Defendants.

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

May 26, 1999.

Attorney(s) appearing for the Case

Battle Fowler Law Firm, New York City (William J. McSherry, Jr., of counsel), for Special Metals Corp.

Tressler Soderstrom Law Firm, Chiacgo, IL (Michael W. Morrison, of counsel), for Lumbermens Mutual Casualty Co.

MEMORANDUM — DECISION & ORDER

McAVOY, Chief Judge.

Presently before the Court are Fourth-Party Defendant Lumbermens Mutual Casualty Company's ("LMCC") motion pursuant to FED.R.CIV.P. 56 seeking dismissal of the fourth-party complaint against it and Fourth-Party Plaintiff Special Metals Corporation's ("SMC") cross-motion for summary judgment striking LMCC's fourth affirmative defense that SMC's claims...

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