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CAMILLUS CLEAN AIR COALITION v. HONEYWELL INTERN.

No. 5:13-CV-365 (FJS/DEP).

947 F.Supp.2d 208 (2013)

CAMILLUS CLEAN AIR COALITION; Robert and Colleen Bartlett; William and Michelle Barrington, III; Kim Calverase; Daniel and Veruska Dantuono; David and Juliette Dedo; Timothy and Sally Delany; Brian and Tracy Dellow; Ron Gryziec; Brenda Carpenter; Douglas and Charlene Hart; Thomas and Kimberly Kshyna; Matthew and Tracy Licameli; John and Kathleen Marinelli; William and Stephanie Mathewson; Peter and Jenafer Medina; Bryan Mignone; Elaine Everitt; Brian and Kimberly Murphy; Scott and Jill Musemeci; Jerry and Kristina Parzych; Jonathan and Margaret Patch; Timothy and Sharon Pieper; Frederick and Heather Puchta; Lynore and Mark De La Rosa; Robert and Lori Smith; Joey St. Louis; Robert and Megan Vertucci; and Michael and Lynda Wade, Plaintiffs, v. HONEYWELL INTERNATIONAL, INC., Defendant.

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

May 28, 2013.

Attorney(s) appearing for the Case

McCallion & Associates, LLP, of Counsel, Kenneth F. McCallion, Esq., of Counsel, New York, NY, for Plaintiffs.

Gilberti Stinziano, Heintz & Smith, Anthony P. Rivizzigno, Esq., Michael A. Fogel, Esq., of Counsel, Syracuse, NY, for Defendant.

Arnold & Porter LLP, Brian D. Israel, Esq., Christopher A. Jaros, Esq., Geoffrey J. Michael, Esq., Andrea Masselli, Esq., of Counsel, Washington, D.C., for Defendant.

Office of the New York State Attorney General Andrew J. Gershon, AAG, of Counsel, New York, NY, for Amicus Curia.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Senior District Judge.

I. INTRODUCTION

Currently before the Court are Defendant's motion to dismiss Plaintiffs' claims for injunctive relief pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure and Plaintiffs' motion for a preliminary injunction. The Court held a hearing with respect to these motions on May 15, 2013. At the conclusion of that hearing, the Court rendered an oral...

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