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NEW YORK v. WESTWOOD-SQUIBB PHARMACEUTICAL CO.

No. 90-CV-1324C.

62 F.Supp.2d 1035 (1999)

State of NEW YORK and Thomas C. Jorling, Commissioner of the New York State Department of Environmental Conservation, Plaintiffs, v. WESTWOOD-SQUIBB PHARMACEUTICAL CO., INC., and National Fuel Gas Distribution Corporation, Defendants.

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

July 28, 1999.

Attorney(s) appearing for the Case

Buchanan Ingersoll Professional Corporation (Daniel M. Darragh, of counsel), Pittsburgh, PA, for defendant Westwood-Squibb Pharmaceutical Co., Inc.

Phillips, Lytle, Blaine, Hitchcock & Huber (Robert E. Glanville, of counsel), Buffalo, NY, for defendant National Fuel Gas Distribution Corporation.

DECISION and ORDER

CURTIN, District Judge.

BACKGROUND

On August 12 and 13, 1996, the court held a non-jury trial to determine whether Westwood-Squibb Pharmaceuticals, Inc. ("Westwood"), can recover response costs for the cleanup of an 8.8 acre parcel of property in Buffalo, New York, for which it claims National Fuel Gas Distribution Corporation ("National Fuel")1 is liable under the Comprehensive Environmental...

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