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COVANTA ONONDAGA LTD. v. ONONDAGA COUNTY RESOURCE

No. 02-CV-0497.

283 B.R. 651 (2002)

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

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

September 23, 2002.

Attorney(s) appearing for the Case

Mackenzie Hughes, LLP, Syracuse, NY, Carter H. Strickland, of Counsel, Attorneys for Plaintiff.

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

Martin, Martin & Woodard, LLP, Syracuse, NY, Lee E. Woodard, Wendy A. Kinsella, of Counsel, Attorneys for Defendant.

MEMORANDUM DECISION AND ORDER

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...

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