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CREATIVE WASTE MANAGEMENT v. CAPITOL ENVIRONMENTAL SERVICES

Nos. 04 Civ. 9581(WCC), 05 Civ. 0932(WCC).

495 F.Supp.2d 353 (2007)

CREATIVE WASTE MANAGEMENT, INC., Plaintiff, v. CAPITOL ENVIRONMENTAL SERVICES, INC., Code Environmental Services, Inc. and City of New Rochelle, New York, Defendants. City of New Rochelle, Plaintiff, v. Fidelity and Guaranty Insurance Company and United States Fidelity and Guaranty Company, Defendants.

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

July 11, 2007.

Attorney(s) appearing for the Case

Dolchin, Slotkin & Todd, P.C., Philadelphia, PA (Joel W. Todd, of Counsel), for Plaintiff, Creative Waste Management, Inc.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, NY (Peter A. Meisels, Lalit K. Loomba, of Counsel), for Defendant, City of New Rochelle.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Creative Waste Management, Inc. ("Creative") brought this action against Capitol Environmental Services, Inc. ("Capitol"), Code Environmental Services, Inc. ("Code") and the City of New Rochelle (the "City") in connection with the 2003 dredging project of the New Rochelle Municipal Marina (the "Marina"). The City commenced a related action for breach of contract against Fidelity and Guaranty...

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