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

No. 89 Civ. 6865 (RWS).

842 F.Supp. 1543 (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.

January 25, 1994.

Attorney(s) appearing for the Case

Mary Jo White, U.S. Atty. for the S.D.N.Y., for U.S. by Sara L. Shudofsky, Asst. U.S. Atty.

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

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, for Defendant Marine Midland Bank by Robert E. Gainville.

OPINION

SWEET, District Judge.

Plaintiff United States of America (the "Government") has moved for partial summary judgment against defendants Jordan W. Berkman ("Berkman"), John A. Petrillo ("Petrillo"), and Joseph and Mario Curto (the "Curtos") (collectively, the "Berkman Defendants"), pursuant to Rule 56, Fed.R.Civ.P., on the ground that the defendants are jointly and severally liable under 42 U.S.C. § 9607(a) of the Comprehensive Environmental...

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