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CONSOLIDATED EDISON, N.Y. v. UGI UTILITIES

Docket No. 04-2409-CV.

423 F.3d 90 (2005)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff-Appellant, v. UGI UTILITIES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 9, 2005.

Attorney(s) appearing for the Case

Woody N. Peterson, Esq., Dickstein Shapiro Morin & Oshinsky LLP, New York, NY, Appearing for Plaintiff-Appellant.

Jay N. Varon, Esq. (James M. Caragher, Esq., Gary D. Rovner, Esq., Max Welsh, Esq., Peter N. Wang, Esq., on the brief), Foley & Lardner LLP, Washington, DC and New York, NY, Appearing for Defendant-Appellee.

Before: KATZMANN, HALL, Circuit Judges, and MURTHA, District Judge.

KATZMANN, Circuit Judge.

In this action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), Con Edison ("Con Ed") seeks to be reimbursed by UGI Utilities, Inc. ("UGI") for costs it has incurred cleaning up certain contaminated sites in Westchester County, New York. The district court (Chin, J.) granted summary judgment to UGI on all claims. Consol. Edison Co. of N.Y., Inc. v. UGI Utils., Inc.,

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