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MURTAUGH v. NEW YORK

No. 5:08-CV-1168 (GTS/GHL).

810 F.Supp.2d 446 (2011)

Gail MURTAUGH, Individually and d/b/a Crosby Hill Auto Recycling; Richard R. Murtaugh; Murtaugh Recycling Corp.; Richard O. Murtaugh; and Flood Drive Props., Inc., Plaintiffs, v. State of NEW YORK; Pete Grannis, Comm'r of Envtl. Conservation; Cnty. of Oswego; Benjamin Conlon; Richard Brazell; Maureen Leary; Op-Tech Envtl. Servs., Inc.; William Simpson; and Adm'r Andrea Rhonda Miller, Defendants.

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

August 16, 2011.

Attorney(s) appearing for the Case

Law Office of Richard J. Brickwedde, of Counsel: Richard J. Brickwedde, Esq., Syracuse, NY, for Plaintiffs Gail Murtaugh, Richard R. Murtaugh and Murtaugh Recycling Corp.

The Wladis Law Firm, PC, of Counsel: Kevin C. Murphy, Esq., Syracuse, NY, for Plaintiffs Richard O. Murtaugh and Flood Dr.

Petrone & Petrone, PC, of Counsel: Lori E. Petrone, Esq., Utica, NY, for Defendant County of Oswego.

Hancockestabrook, of Counsel: Doreen A. Simmons, Esq., James P. Youngs, Esq., Syracuse, NY, for Defendants Simpson and Op-Tech Envtl. Servs.

Eric T. Schneiderman, Attorney General for the State of New York, of Counsel: Charles Quackenbush, Esq., Shoshanah Bewlay, Esq., Assistant Attorneys General, Albany, NY, for Defendants New York, Grannis, Conlon, Brazell, Leary, and Miller.

MEMORANDUM-DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court in this environmental action filed by Gail Murtaugh, Richard R. Murtaugh, Murtaugh Recycling Corp., Richard O. Murtaugh, and Flood Drive Properties, Inc. ("Plaintiffs") are the following three motions: (1) a motion to dismiss for lack of subject-matter jurisdiction, failure to state a claim upon which relief can be granted, and failure to join indispensable...

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