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McCORMACK SAND CO. v. TOWN OF N. HEMPSTEAD SOLID WASTE

No. 91 CV 3358 (JG).

960 F.Supp. 589 (1997)

McCORMACK SAND COMPANY, McC Sand Company, McCormack Sand Company, Inc., and Cow Bay Sand Company, Plaintiffs, v. TOWN OF NORTH HEMPSTEAD SOLID WASTE MANAGEMENT AUTHORITY, Benjamin Zwirn, Gerard W. Cunningham, Paul F. Ponessa, Donald Higgins, Jr., Rand A. Burgner, Town Board of the Town of North Hempstead and Alfredo Lamanna Trucking, Inc., Defendants.

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

March 27, 1997.

Attorney(s) appearing for the Case

William D. Wall, Kenneth Auerbach, Sanford Strenger, Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P.C., Uniondale, NY, for Plaintiffs.

Ivan Kline, Town Attorney and Counsel to the Town of North Hempstead Solid Waste Management Authority, Manhasset, NY, Joseph Dibenedetto, Thomas J. Quigley, Elyse Pepper, Winston & Strawn, New York, NY, for North Hempstead Defendants.

Eugene P. Cimini, Jr., Jaspan, Ginsberg, Schlesinger, Silverman & Hoffman, Garden City, NY, for Defendant Alfredo Lamanna Trucking, Inc.

MEMORANDUM AND ORDER

GLEESON, District Judge:

This case is about stockpiles of sand and other material left at a mining site. The material was stockpiled and left by plaintiff McCormack Sand Co., McC Sand Co., McCormack Sand Company Inc. and Cow Bay Sand Co. (collectively "McCormack Sand") when they vacated the site.1 Two years later, the Town of North Hempstead Solid Waste...

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