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STILLOE v. ALMY BROS., INC.

No. 90-CV-818.

759 F.Supp. 95 (1991)

Louis A. STILLOE, Plaintiff, v. ALMY BROTHERS, INC., Robert J. McMahon and Mary A. McMahon, New York State Department of Environmental Conservation, Defendants.

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

March 19, 1991.

Attorney(s) appearing for the Case

Butler Allen Clark & Place, Vestal, N.Y., for plaintiff; Earl D. Butler and David S. Berger, of counsel.

Kramer Wales & Wright, Binghamton, N.Y., for defendant Almy Bros.; Robert H. Wedlake, of counsel.

Alexander W. Luckanick, Binghamton, N.Y., for defendants Robert and Mary McMahon.

Robert Abrams, Atty. Gen., State of N.Y., Albany, N.Y., for state defendants; John J. Privitera, Asst. Atty. Gen., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

BACKGROUND

Plaintiff Louis A. Stilloe ("Stilloe") alleges that in 1988 the New York State Department of Environmental Conservation ("DEC") determined that certain barrels containing hazardous substances were being stored without proper authorization at 810 Jackson St. in Broome County, Binghamton, New York ("the site"). These barrels were being stored in or near a parking lot/driveway next to the...

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