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U.S. v. A & N CLEANERS AND LAUNDERERS, INC.

No. 89 Civ. 6865 (RWS)

854 F.Supp. 229 (1994)

UNITED STATES of America, Plaintiff, v. A & N CLEANERS AND LAUNDERERS, INC., Ben Forcucci, Marine Midland Bank, N.A., Jordan W. Berkman, John A. Petrillo, Joseph Curto and Mario Curto, Defendants. MARINE MIDLAND BANK, N.A., Third-Party Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, St. Paul Mercury Insurance Company, Utica Mutual Insurance Company, the North River Insurance Company and United States Fire Insurance Company, Third-Party Defendants. MARINE MIDLAND BANK, N.A., Third-Party Plaintiff, v. VILLAGE OF BREWSTER, Third-Party Defendant.

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

May 26, 1994.

Attorney(s) appearing for the Case

Mary Jo White, U.S. Atty., S.D.N.Y., New York City (Sara L. Shudofsky, Asst. U.S. Atty., of counsel), for U.S.

G. Oliver Koppell, Atty. Gen. of the State of N.Y., New York City (Robert Emmet Hernan, Asst. Atty. Gen., of counsel), for plaintiff-intervenor.

Edwards & Angell, New York City (Lynn Wright, Susan S. Egan, Christopher Heyer, of counsel), for defendants Jordan W. Berkman, John A. Petrillo, Joseph and Mario Curto.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY (Robert E. Glanville, of counsel), for defendant Marine Midland Bank.

SWEET, District Judge.

Plaintiff United States of America (the "Government") brought this action to hold defendants Jordan W. Berkman ("Berkman"), John A. Petrillo ("Petrillo"), and Joseph and Mario Curto (the "Curtos") (collectively, the "Berkman Defendants") liable under CERCLA § 107(a), 42 U.S.C. § 9607(a), of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization...

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