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U.S. v. HOOKER CHEMICALS & PLASTICS CORP.

No. CIV-79-990C.

722 F.Supp. 960 (1989)

UNITED STATES of America; The State of New York, and UDC-Love Canal, Inc., Plaintiffs, v. HOOKER CHEMICALS & PLASTICS CORPORATION, et al., Defendants.

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

August 25, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen., State of N.Y. (Eugene Martin-Leff, Louise A. Halper, and Lewis M. Milford, of counsel), New York City, for plaintiffs.

Piper & Marbury (Thomas H. Truitt, of counsel), Washington, D.C., for defendant Hooker Chemical & Plastics Corp.

SUPPLEMENTAL ORDER No. 41

CURTIN, District Judge.

Pending for decision is plaintiff State of New York's motion, pursuant to Fed.R. Civ.P. 56, for partial summary judgment as to defendant Occidental Chemical Corporation [OCC]'s liability in this action under the New York common law of nuisance. Specifically, the State seeks this court's determination that OCC is liable as a matter of law for the creation of a public nuisance at the Love Canal landfill site...

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