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STATE OF N.Y. v. ALMY BROS., INC.

No. 90-CV-818.

866 F.Supp. 668 (1994)

STATE OF NEW YORK, Plaintiff, v. ALMY BROTHERS, INC.; Leonard Almy; Louis A. Stilloe; Robert J. McMahon; and Mary A. McMahon, Defendants.

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

October 28, 1994.

Attorney(s) appearing for the Case

G. Oliver Koppell, Atty. Gen., New York State Dept. of Law, Environmental Protection Bureau, Albany, NY, for plaintiff; Maureen F. Leary, Asst. Atty. Gen., of counsel.

Offices of M. Suzanne McMahon, Johnson City, NY, for defendants Robert J. McMahon and Mary A. McMahon; M. Suzanne McMahon, of counsel.

Leonard Almy, pro se.

Butler Allen Clark & Place, Vestal, NY, for defendant Louis A. Stilloe; Earl D. Butler, of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

INTRODUCTION

Presently before the court is plaintiff State of New York's ("the State") motion for partial summary judgment against defendants Leonard Almy and Almy Brothers, Inc. (hereinafter referred to collectively as "the Almy defendants") and Robert and Mary McMahon (hereinafter referred to collectively as "the McMahons") concerning the issue of their liability (1) as responsible...

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