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BIO-SYSTEMS, INC. v. BIOWASTE SYSTEMS, INC.

No. CV 94-1456 (ADS).

874 F.Supp. 48 (1994)

BIO-SYSTEMS, INC., Plaintiff, v. BIOWASTE SYSTEMS, INC., Defendant.

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

December 17, 1994.

Attorney(s) appearing for the Case

McMillan, Rather, Bennett & Rigano, P.C., Melville, NY (Leslie R. Bennett, of counsel), for plaintiff.

Long, Aldridge & Norman, Atlanta, GA (J. Allen Maines, Terry R. Weiss, of counsel), and Faber & Troy, Local Counsel, Westbury, NY (George M. Faber, of counsel), for defendant.

MEMORANDUM AND ORDER

SPATT, District Judge:

In this diversity case, the Court is called upon to interpret the modern-day risk allocation features of a contract between two companies involved in the collection and disposal of medical waste. The plaintiff Bio-Systems, Inc. ("Bio-Systems") alleges that the defendant BioWaste Systems, Inc. ("BioWaste") breached a partnership agreement between the parties. Bio-Systems moves pursuant to Fed.R.Civ.P. 56(a) for...

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