NIAGARA MOHAWK POWER CORPORATION, Plaintiff,
v.
CONSOLIDATED RAIL CORPORATION; the King Service, Inc.; United States Steel Company; Edwin D. King; Lawrence King; Richard B. Slote; Chevron U.S.A., Inc.; Portec, Inc.; and American Premier Underwriters, Inc.; Defendants.
Chevron, U.S.A., Inc., Third-party Plaintiff,
v.
The County of Rensselaer; and the County of Rensselaer Sewer District No. 1, Third-party Defendants.
United States District Court, N.D. New York.https://leagle.com/images/logo.png
March 3, 2004.
March 3, 2004.
Attorney(s) appearing for the Case
Niagara Mohawk Power Corporation (John T. Parkinson, Esq., Managing Counsel), Syracuse, NY, Swidler, Berlin, Shereff, Friedman, L.L.P. (Milissa A. Murray, Esq., Thomas R. Lotterman, Esq., of counsel), Washington, DC, for Plaintiff.
Menter, Rudin & Trivelpiece, P.C. (Thomas Joseph Fucillo, Esq., of Counsel), Syracuse, NY, for Defendant Consolidated Rail Corporation.
Whiteman & Osterman (Joseph D. Stinson, Esq., Scott T. Decker, Esq., of Counsel), Albany, NY, for Defendants King Service, Inc., Edwin D. King, Lawrence King, and Richard B. Slote.
USX Corporation (David L. Smiga, Esq., of Counsel), Pittsburgh, PA, Devorsetz, Stinziano, Gilberti, Heintz & Smith, P.C. (Kevin C. Murphy, Esq., Timothy J. Lambrecht, Esq., of Counsel), Syracuse, NY, for Defendant United States Steel Company.
Lafave & Associates, (Patrick J. Higgins, Esq., of Counsel), Delmar, NY, for Defendant and Third-party Plaintiff Chevron U.S.A., Inc.
Bond, Schoeneck & King (Arthur J. Siegel, Esq., Kimberlee S. Parker, Esq., of Counsel), Albany, NY, for Defendant Portec, Inc.
Orrick & Herrington (James J. Capra, Jr., Esq., Siobhan A. Handley, Esq., of Counsel), New York City, for Defendant American Premier Underwriters, Inc.
Office of Rensselaer County Attorney, (Stephen A. Pechenick, Esq., of Counsel), Troy, NY, for Third-party County Defendants.
United States District Court, N.D. New York.
MEMORANDUM-DECISION and ORDER
HURD, District Judge.
I. INTRODUCTION
Plaintiff Niagara Mohawk Power Corporation ("Niagara Mohawk"), brought this action under the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") on July 1, 1998, seeking to recover the costs it has incurred, and will incur, to investigate and remediate manufactured gas plant hazardous wastes at the Troy Water Street Site in...
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