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LEWIS v. FMC CORP.

No. 04-CV-331S.

786 F.Supp.2d 690 (2011)

Forest LEWIS, Deborah Lewis, Kellie Kretchmer, Victor Baker, Judith Baker, Anthony Gagliardi and Jane Gagliardi, individually and as Parents of Tyler Gagliardi, infant, Gregory Rydza, Susan Rydza, Ashley Rydza, Jeremy Rydza and Jessie Dipirro, Plaintiffs, v. FMC CORPORATION, Defendant.

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

March 29, 2011.

Attorney(s) appearing for the Case

David J. Seeger , Law Office of David J. Seeger, Brenda J. Joyce , Charles D. Grieco , Dennis P. Harkawik , Jaeckle Fleischmann & Mugel LLP, Buffalo, NY, for Plaintiffs.

Hugh M. Russ, III , Jeffrey C. Stravino , Robert B. Conklin , Hodgson Russ LLP, Buffalo, NY, for Defendant.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Plaintiffs, residents of the Village of Middleport, Niagara County, New York, commenced this citizen suit on April 30, 2004, asserting claims under the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. §§ 6901 et seq., the Clean Water Act (CWA), 33 U.S.C. §§ 1251, et seq., and the common law of the State of New York. They seek injunctive...

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