NIAGARA MOHAWK POWER CORP. v. JONES CHEMICAL INC.

Docket No. 01-7932.

315 F.3d 171 (2003)

NIAGARA MOHAWK POWER CORPORATION, Plaintiff-Counter-Defendant-Appellant, v. JONES CHEMICAL, INC., Defendant-Cross-Claimant-Counter-Claimant-Cross-Defendant, Beazer East, Inc., Defendant-Counter-Claimant-Cross-Claimant, Mohawk Valley Oil, Inc., Defendant-Cross-Defendant-Cross-Claimant-Appellee, Suit-Kote Corporation, Defendant-Cross-Defendant-Counter-Claimant-Cross-Claimant, City of Utica, Third-Party-Defendant-Cross-Claimant, Koppers Products Company, New York State Department of Transportation and New York State Thruway Authority, Defendants-Cross-Defendants, State of New York, Defendant, Texaco, Inc. and New York State Canal Corporation, Defendants-Cross-Defendants-Counter-Claimants-Cross-Claimants.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2003.


Attorney(s) appearing for the Case

Warren Anthony Fitch, Swidler, Berlin, Shereff Friedman, Washington, DC, (Jerome C. Muys, Jr., Julie A. Weisman, on the brief), for Plaintiff-Counter-Defendant-Appellant Niagara Mowhawk Power Corporation.

Harold L. Segall, Beveridge & Diamond, P.C., Washington, DC, for Defendant Cross-Defendant-Cross-Claimant-Appellee Mohawk Valley Oil, Inc.

Before VAN GRAAFEILAND, JACOBS, Circuit Judges, TRAGER, District Judge.


DENNIS JACOBS, Circuit Judge.

Niagara Mohawk Power Company ("NMPC"), having paid environmental costs for cleaning up the industrial peninsula and harbor at Utica Terminal, brought claims for contribution against (inter alia) Mohawk Valley Oil ("MVO") pursuant to the New York Navigation Law § 181 and the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601, et seq. ("CERCLA"). The United States District...

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