NIAGARA MOHAWK POWER v. CONSOLIDATED RAIL CORP.

No. 5:98-CV-1039.

565 F.Supp.2d 399 (2008)

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.

July 16, 2008.


Attorney(s) appearing for the Case

Niagara Mohawk Power Corporation, John T. Parkinson, Esq., Managing Counsel, Syracuse, NY, Bingham McCutchen LLP, Milissa A. Murray, Esq., Thomas R. Lotterman, Esq., Washington, D.C., for Plaintiff.

Menter, Rudin & Trivelpiece, P.C., Syracuse, NY, for Defendant Consolidated Rail Corporation.

Richard P. Feirstein, Esq., Albany, NY, for Defendants King Service, Inc., Edwin D. King, Lawrence King, and Richard B. Slote.

USX Corporation, Pittsburgh, PA.

The Wladis Law Firm, P.C., Kevin C. Murphy, Esq., Syracuse, NY, for Defendant United States Steel Company.

Powers & Santola LLP, Patrick J. Higgins, Esq., Albany, NY, for Defendant and Third-party Plaintiff Chevron U.S.A., Inc.

Bond, Schoeneck & King, Kimberlee S. Parker, Esq., Albany, NY, for Defendant Portec, Inc.

Orrick & Herrington, New York, NY, for Defendant American Premier Underwriters, Inc.

Office of Rensselaer County Attorney, Troy, NY, for Third-party County Defendants.


MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

On January 30, 2008, the United States Court of Appeals for the Second Circuit issued a Mandate remanding this matter for reconsideration in light of United States v. Atlantic Research Corp., ___ U.S. ___, 127 S.Ct. 2331, 168 L.Ed.2d 28 (2007). The Mandate was filed in the Northern District of New York on February 29, 2008. The parties...

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