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MAHL BROTHERS OIL CO., INC. v. ST. PAUL FIRE & MARINE INS. CO.

No. 02-CV-476-A.

307 F.Supp.2d 474 (2004)

MAHL BROTHERS OIL CO., INC. Plaintiff, v. ST. PAUL FIRE & MARINE INS. CO., Defendant.

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

February 19, 2004.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel (John T. Kolaga, of Counsel), Buffalo, NY, for Plaintiff.

Kenney, Kanaley, Shelton & Liptak, L.L.P. (Judith Treger Shelton, of Counsel), Buffalo, NY, Steptoe & Johnson LLP (John F. O'Connor and Virginia L. White-Mahffey, of Counsel), Washington, DC, for Defendant.

DECISION AND ORDER

ARCARA, District Judge.

On March 9, 1998, the State of New York Department of Environmental Conservation ("DEC") commenced a lawsuit in New York State Supreme Court against Mahl Brothers Oil Company ("Mahl Bros."), seeking reimbursement for costs the DEC incurred to clean up contamination on Mahl Bros.' property in Springville, New York. Since defendant St. Paul Fire & Marine Insurance Company ("St.Paul"), issued a general liability...

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