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CREATIVE WASTE MANAGEMENT, INC. v. CAPITOL ENVIRONMENTAL SERVICES, INC.

No. 04 CIV. 9581 WCC.

458 F.Supp.2d 178 (2006)

CREATIVE WASTE MANAGEMENT, INC., Plaintiff, v. CAPITOL ENVIRONMENTAL SEVICES, INC., Code Environmental Services, Inc. and City of New Rochelle, New York, Defendants. City of New Rochelle, Plaintiff, v. Fidelity and Guaranty Insurance Company and United States Fidelity and Guaranty Company, Defendants.

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

November 2, 2006.

Attorney(s) appearing for the Case

Dolchin, Slotkin & Todd, P.C., Philadelphia, PA (Joel W. Todd, Esq., Of Counsel), for Plaintiff Creative Waste Management, Inc.

Law Offices of Joel B. Albert, P.C. (Joel B. Albert, Esq., Of Counsel), Bala Cynwyd, PA, for Defendant Capitol Environmental Services, Inc.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP (Jonathan Dryer, Esq., Of Counsel), Philadelphia, PA, for Defendant Code Environmental Services, Inc.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP (Peter A. Meisels, Esq., Lalit K. Loomba, Esq., Of Counsel), White Plains, NY, for Defendant City of New Rochelle.

Wolf & Samson PC (Adam P. Friedman, Esq., Of Counsel), West Orange, NJ, for Defendants Fidelity and Guaranty Insurance Company and United States Fidelity and Guaranty Company, The Office at Crystal Lake.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

This action involves five parties and numerous causes of action, including affirmative claims, counterclaims and crossclaims.1 Relevant to the present motion, however, are Creative's claim for breach of contract against Code and Code's counterclaim for breach of contract against Creative. Code previously moved this...

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