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STATE OF N.Y. v. LASHINS ARCADE CO.

No. 92 Civ. 8771 (CLB).

888 F.Supp. 27 (1995)

The STATE OF NEW YORK and Thomas C. Jorling, as Trustee of the Natural Resources, Plaintiffs, v. LASHINS ARCADE CO., Lashins Arcade Corp., Rocco Tripodi, Bedford Village Cleaners, Inc., and Rocco Astrologo, Defendants.

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

May 19, 1995.

Attorney(s) appearing for the Case

Robert Hernan, New York State Dept. of Law, New York City and Louis Oliva, New York State Dept. of Environmental Conservations, Tarrytown, NY, for plaintiffs.

William D. Spain, Spain & Spain, Mahopac, NY, for defendant Rocco Astrologo.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

In a Memorandum and Order dated March 20, 1995, this Court concluded there exists a statutory and Constitutional right to a jury trial in an action brought pursuant to Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (hereinafter "CERCLA"), 42 U.S.C. § 9607, and therefore denied Plaintiffs' motion to strike the jury demand of Defendant Rocco Astrologo (hereinafter...

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