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KALDEN CONST. CO. v. HANSON AGGREGATES NEW YORK

No. 08-CV-6200 CJS.

634 F.Supp.2d 319 (2009)

KALDEN CONSTRUCTION COMPANY, INC., Plaintiff, v. HANSON AGGREGATES NEW YORK, INC., Defendant.

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

May 29, 2009.

Attorney(s) appearing for the Case

Donald W. O'Brien, Jr., Esq., Woods Oviatt Gilman LLP, Rochester, NY, for Plaintiff.

John J. Marchese, Esq., Colluci & Gallaher, P.C., Buffalo, NY, Timothy C. Wolfson, Esq., Babst, Calland, Clements & Zomnir, P.C., Pittsburgh, PA, for Defendants.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This is an action pursuant to, inter alia, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601, et seq., the New York Environmental Conservation Law ("ECL"), and New York State common law. Now before the Court are the following motions: 1) Defendant's motion to...

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