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CSX TRANSPORTATION, INC. v. EMJAY ENVIRONMENTAL RECYCLING, LTD.

No. 12-CV-1865(JS)(AKT).

CSX TRANSPORTATION, INC., Plaintiff, v. EMJAY ENVIRONMENTAL RECYCLING, LTD., Defendant.

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

August 20, 2014.

Attorney(s) appearing for the Case

Christopher Merrick, Esq. , Kennan Cohen & Howard PC, Jenkintown, PA, John Joseph Morris, Esq. , Kelly, Rode & Kelly, LLP, Mineola, NY, for Plaintiff.

Brian Lee Gardner, Esq. , Sullivan Gardner, P.C., New York, NY, for Defendant.

MEMORANDUM & ORDER

JOANNA SEYBERT, District Judge.

Currently pending before the Court is: (1) plaintiff CSX Transportation, Inc.'s ("Plaintiff") motion for summary judgment (Docket Entry 56), and (2) defendant Emjay Environmental Recycling, Ltd.'s ("Defendant") cross-motion for summary judgment (Docket Entry 57). For the following reasons, Plaintiff's motion for summary judgment is GRANTED and Defendant's motion is DENIED.

BACKGROUND

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