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NEW YORK v. WESTWOOD-SQUIBB PHARMACEUTICAL CO.

No. 90-CV-1324C.

138 F.Supp.2d 372 (2000)

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.

December 12, 2000.

Attorney(s) appearing for the Case

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

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

INTRODUCTION

CURTIN, District Judge.

Presently pending before the court are National Fuel Gas Corporation ("National Fuel") and Westwood-Squibb Pharmaceutical Company's ("Westwood") respective motions for partial summary judgment. Items 175 and 179. National Fuel seeks to establish Westwood's liability for the contamination and response costs associated with the banks and sediment bed of the Scajaquada Creek, while Westwood seeks to establish National Fuel...

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