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LELAND v. MORAN

No. 99-CV-1449.

100 F.Supp.2d 140 (2000)

Victoria M. LELAND; Roy R. Leland; and Maxine Chapin, Plaintiffs, v. Marc MORAN; Alan Fuchs; Albert Klauss; David G. Pollock; Town of Wawarsing; Gerald Depew; Joseph Stoeckler, John Kissell; Village of Ellenville; Raymond Younger; Michael Mills; Joseph Straub; and Village of Ellenville Police Department, Defendants.

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

June 22, 2000.

Attorney(s) appearing for the Case

Michael H. Sussman, Goshen, NY, for plaintiffs.

Scott A. Thornton, New Hampton, NY, for plaintiffs.

Hon. Eliot Spitzer, Attorney General of the State of New York, Department of Law, Albany, NY, Joseph Koczaja, Asst. Attorney General, of counsel, for New York State defendants (Moran, Fuchs, Klauss and Pollock).

Kalter, Kaplan & Zeiger, Woodbourne, NY, Ivan Kalter, of counsel, for Town of Wawarsing defendants (Town, Depew, Stoeckeler and Kissell).

Carter, Conboy, Case, Blackmore, Napierski & Maloney, P.C., Albany, NY, Kimberly Furnish, of counsel, for Village of Ellenville defendants (Village, Younger, Mills, Straub and Police Department).

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

On September 13, 1999, plaintiffs commenced the instant action, pursuant to 42 U.S.C. § 1983, alleging that the defendants violated their rights under the Fourteenth Amendment and the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-6992k ("RCRA"). Plaintiffs have also asserted a claim against the defendants for negligence.

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