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
June 28, 2006.
June 28, 2006.
Attorney(s) appearing for the Case
Niagara Mohawk Power Corporation (John T. Parkinson, Esq., Managing Counsel, of Counsel), Syracuse, NY, Swidler, Berlin, 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.
Friedman, Hirschen, Miller & Campito (John L. Orfan, of Counsel), Albany, NY, Richard P. Feirstein, 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
On May 10, 2005, the United States Court of Appeals for the Second Circuit issued a Mandate remanding this matter for consideration in light of Cooper Indus., Inc. v. Aviall Services, Inc.,543 U.S. 157, 125 S.Ct. 577, 160 L.Ed.2d 548 (2004). The Mandate was filed on...
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