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SOUTH ROAD ASSOCIATES v. IBM CORP.

No. 1322, Docket No. 99-9072

216 F.3d 251 (2000)

SOUTH ROAD ASSOCIATES, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 20, 2000.

Attorney(s) appearing for the Case

Robert J. Alessi, Albany, New York (Susan L. Taylor, LeBoeuf, Lamb, Greene & MacRae, L.L.P., on the brief), for appellant.

Nancy MacKimm, Dallas, Texas (Mark R. Seiden, Jones, Day, Reavis & Pogue, New York, New York, on the brief), for appellee.

Before: KEARSE and JACOBS, Circuit Judges, and KORMAN, Chief District Judge.

JACOBS, Circuit Judge:

South Road Associates ("SRA") as landlord has sued International Business Machines Corporation ("IBM"), the former long-term lessee of its property, under the citizen-suit provisions of the Resource Conservation and Restoration Act ("RCRA"), 42 U.S.C. § 6901 et seq., alleging that IBM's storage of chemical wastes on the site resulted in contamination of the surrounding soil, bedrock and groundwater, and amounted to a violation of...

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