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AMLON METALS, INC. v. FMC CORP.

No. 91 Civ. 3857 (WCC).

775 F.Supp. 668 (1991)

AMLON METALS, INC., Amlon Metals, Ltd., d/b/a Euromet, and Wath Recycling, Ltd., Plaintiffs, v. FMC CORPORATION, Defendant.

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

As Amended Nunc Pro Tunc December 13, 1991.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan (Charles G. Moerdler, Robert J. Zastrow, Karen Jore, Lisa Rosenthal, Gregory R. Belcamino, of counsel), New York City, for plaintiffs.

Gallagher & Gosseen (Robert A. Faller, of counsel), Mineola, N.Y., Hangley, Connolly, Epstein, Chicco, Foxman & Ewing (Neil G. Epstein, Carol L. Press, John P. Lavelle, of counsel), Philadelphia, Pa., for defendant.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

This action stems from a commercial contract for the recycling of copper residue produced by defendant FMC Corporation ("FMC"). The matter is currently before the Court on FMC's motion to dismiss plaintiffs' claims under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq. (1982 & Supp. III 1985), and Alien Tort Statute, 28 U.S.C. § 1350 (1982 & Supp. III...

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