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RARITAN BAYKEEPER, INC. v. NL INDUSTRIES, INC.

Civil Action No. 09-4117 (JAP).

713 F.Supp.2d 448 (2010)

RARITAN BAYKEEPER, INC. et al., Plaintiffs, v. NL INDUSTRIES, INC., et al., Defendants.

United States District Court, D. New Jersey.

May 26, 2010.

Attorney(s) appearing for the Case

Edward Lloyd, Columbia Law School, New York, NY, for Plaintiffs.

Christopher R. Gibson, Archer & Greiner, PC, Haddonfield, NJ, Robert George Kenny, Hoagland, Longo, Moran, Dunst & Doukas, Esqs., New Brunswick, NJ, James L. Beausoleil, Jr., Ryan E. Borneman, Duane Morris LLP, Philadelphia, PA, Patrick J. Bradshaw, Kelso & Bradshaw, Esqs., New Brunswick, NJ, John F. Dickinson, Jr., Edward Devine, Office of the NJ Attorney General, Dale Laster Lessne, Trenton, NJ, Thomas A. Abbate, Decotiis, Fitzpatrick, Cole & Wisler, LLP, Teaneck, NJ, for Defendants.

OPINION

PISANO, District Judge:

Presently before the Court is defendant NL Industries, Inc.'s ("NL") Motion to Dismiss plaintiffs Raritan Baykeeper, Inc. d/b/a NY/NJ Baykeeper and Edison Wetlands Association, Inc.'s (collectively "Raritan Baykeeper") Complaint without prejudice on abstention grounds, or alternatively for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Procedure 12(b)(6). For the reasons set forth below...

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