COVANTA ONONDAGA LTD. v. ONONDAGA COUNTY RESOURCE

No. 02-CV-0497.

281 B.R. 809 (2002)

COVANTA ONONDAGA LIMITED, Plaintiff, v. ONONDAGA COUNTY RESOURCE RECOVERY AGENCY, Defendant.

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

August 13, 2002.


Attorney(s) appearing for the Case

Mackenzie Hughes LLP, Carter H. Strickland, of counsel, Syracuse, NY, for plaintiff.

Kilpatrick Stockton LLP, Stanley M. Gorinson, Craig Bertschi, Jennifer W. Persico, Robert V. Pambianco, of counsel, Washington, D.C., William J. Bulsiewicz, Sr., OCRRA Agency Counsel, North Syracuse, NY, for plaintiff.

Martin, Martin & Woodard, LLP, Lee E. Woodard, Wendy A. Kinsella, of counsel, Syracuse, NY, for defendant.


BACKGROUND

MUNSON, Senior District Judge.

On November 15, 1992, plaintiff Covanta Onondaga Limited Partnership ("Covanta") and defendant Onondaga County Resource Recovery Agency ("OCRRA"), entered into a Solid Waste Disposal Service Agreement ("Agreement"). The Agreement called for Covanta to post a bond as security for its obligations under the Agreement. The Agreement further provided that if the bond's credit rating fell below investment grade level,...

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