MEMORANDUM-DECISION AND ORDER
McCURN, District Judge.
Presently before the court is defendants' motion to dismiss the complaint and plaintiffs' motion for summary judgment. For the reasons discussed below, the court grants dismissal and denies summary judgment.
BACKGROUND
Plaintiffs Onondaga Landfill Systems, Inc. (OLSI), Joseph R. Tripoli, and Mary E. Tripoli are the owners and operators of a sanitary landfill in Onondaga, New York. They...
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