M & M REALTY CO. v. Eberton Terminal Corp.

MEMORANDUM

CALDWELL, District Judge.

In this civil action, Plaintiff, M&M Realty Co. (“M&M”), seeks to recover the costs associated with the removal of hazardous wastes from certain real property. Named as defendants are Eberton Terminal Corp. (“Eberton”), Underwood Services Co. (“Underwood”), H.J. Williams Co., Inc. (“Williams”), and Jenkins Professionals, Inc. (“Jenkins”). Before us is a motion to dismiss, filed by Eberton.

I. Background

This case concerns a 6.9 acre parcel of industrial property on Hokes Mill Road, in West Manchester Township, York County, Pennsylvania (the “Property”). M&M…