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KERN v. WAL-MART STORES, INC.

No. 10-CV-827A.

804 F.Supp.2d 119 (2011)

Catherine A. KERN, on behalf of herself and Clean Water Advocates of New York, and Kathy R. Kaminski, on behalf of herself and the Niagara River Preservation Society, Plaintiffs, v. WAL-MART STORES, INC., Wal-Mart Real Estate Business Trust, and City of North Tonawanda, Defendants.

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

April 8, 2011.

Attorney(s) appearing for the Case

Frank T. Housh , Buffalo, NY, for Plaintiffs.

Kenneth David Friedman , Manatt Phelps & Phillips, LLP, New York, NY, Marc A. Romanowski , Harter, Secrest and Emery LLP, Charles E. Graney , Kevin Thomas O'Brien, Nelson Perel , Webster Szanyi, LLP, Buffalo, NY, for Defendants.

DECISION AND ORDER

RICHARD J. ARCARA, District Judge.

I. INTRODUCTION

Pending before the Court are separate motions to dismiss by defendants Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust ("Wal-Mart" collectively); and by defendant the City of North Tonawanda (the "City"); pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure ("FRCP"). Wal-Mart contends that individual plaintiffs Catherine A. Kern ("Kern") and Kathy R...

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