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BATH PETROLEUM STORAGE, INC. v. SOVAS

No. 98-CV-347.

309 F.Supp.2d 357 (2004)

BATH PETROLEUM STORAGE, INC., and E.I.L. Petroleum Plaintiffs, v. Gregory H. SOVAS, individually as Director of the Division of Mineral Resources, New York State Department of Environmental Conservation; Bradley J. Field, individually and as Acting Director of the Bureau of Oil and Gas Regulation, Division of Mineral Resources, New York State Department of Environmental Conservation; Thomas W. Pearson, individually and as Regional Water Engineer, Region 8, Division of Water, New York State Department of Environmental Conservation; John Cahill, individually and as Commissioner of the New York State Department of Environmental Conservation; New York State Department of Environmental Conservation; and the State of New York, Defendants.

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

March 19, 2004.

Attorney(s) appearing for the Case

Jerry William Boykin, W. Michael Holm, Womble, Carlyle Law Firm, Vienna, VA, John J. Privitera, McNamee, Lochner Law Firm, Albany, NY, for Plaintiffs.

Joseph S. Koczaja, Kathleen L. Morrison, Albany, NY, for Defendants.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

Presently before the Court are a motion to reconsider and two opposing summary judgment motions. The motion to reconsider is premised upon a discovery ruling that denied Plaintiffs, Bath Petroleum Storage, Inc., and its parent company E.I.L. Petroleum, Inc. (collectively "Plaintiffs" or "Bath") access to documents of Defendants, New York's Department of Environmental Conservation ("DEC"). At issue...

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