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STATE OF N.Y. v. SOLVENT CHEMICAL CO., INC.

No. 83-CV-1401C.

880 F.Supp. 139 (1995)

The STATE OF NEW YORK, Plaintiff, v. SOLVENT CHEMICAL COMPANY, INC., ICC Industries, Inc., Mader Capital Corporation, 3163 Buffalo Avenue Corporation, and Corigan Sanoian, Individually and d/b/a Quad Technologies, Inc., Defendants. SOLVENT CHEMICAL COMPANY, INC., ICC Industries, Inc., and Mader Capital Corporation, Defendants and Third-Party Plaintiffs, v. The UNITED STATES of America, E.I. Dupont De Nemours and Company, Occidental Chemical Corporation, The City of Niagara Falls, New York, Frontenac Environmental Services, Inc., Laidlaw Transportation Company, Ltd., Consolidated Rail Corporation, Bema Company, Ltd., Eastman Kodak Company, and General Motors Corporation, Third-Party Defendants.

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

March 13, 1995.

Attorney(s) appearing for the Case

Dennis C. Vacco, Atty. Gen. of State of N.Y. (Robert E. Hernan, Asst. New York State Atty. Gen., of counsel), New York City, for the State of N.Y.

Damon & Morey (Paul M. Samson, of counsel), Buffalo, NY, for Solvent Chemical Co., Inc.

David Calverly, Buffalo, NY, for ICC Industries, Inc.

Gellman, Brydges & Schroff (Richard E. Stanton, of counsel), Niagara Falls, NY, for the City of Niagara Falls.

Duke, Holtzman, Yaeger & Photiadis (Peter G. Ruppar, and James L. Duke, of counsel), Buffalo, NY, for Mader Capital Corp.

U.S. Dept. of Justice, Environmental and Natural Resources Div., Environmental Defense Section (David A. Carson, Asst. Atty. Gen., of counsel), Denver, CO, for the U.S.

CURTIN, District Judge.

Currently before the court are (1) a motion by third-party defendant City of Niagara Falls ("the City") to dismiss the amended third-party complaints of Solvent Chemical Co., Inc. ("Solvent"), Item 179, Mader Capital, Inc. ("Mader"), Item 181, and ICC Industries, Inc. ("ICC"), Item 183 (Item 266); (2) a request by the City that if the court finds the amended third-party complaints sufficient to state a cause of action, its motion to dismiss...

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