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NEW YORK v. SOLVENT CHEMICAL CO., INC.

No. 83-CV-1401C.

225 F.Supp.2d 270 (2002)

The State of NEW YORK, Plaintiff, v. SOLVENT CHEMICAL COMPANY, INC., ICC Industries, Inc., Defendants.

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

August 14, 2002.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel, LLP, (Dennis P. Harkawik, and Brenda J. Joyce, of counsel), Buffalo, NY, for Solvent Chemical Company, Inc.

Phillips, Lytle, Hitchcock, Blaine & Huber, LLP, (Robert E. Glanville, of counsel), Buffalo, NY, Choate Hall & Stewart, (H. Hamilton Hackney, III, and Kristen W. Sherman, of counsel), Boston, MA, for third-party defendants Benjamin Sack and Bay State Smelting Co., Inc.

INTRODUCTION

CURTIN, District Judge.

Presently before the court are four motions related to a third-party action brought pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601, et seq. Third-party defendants Bay State Smelting Company, Inc. ("Bay State") and Benjamin Sack ("Sack") have filed a motion for summary judgment against third-party plaintiff Solvent Chemical Company, Inc. ("Solvent...

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