Environmental Defense Fund, Inc. v. Wheelabrator Technologies, Inc., Westchester Resco Company, L.P.

MESKILL, Circuit Judge:

This is an appeal from a judgment entered in the United States District Court for the Southern District of New York, Haight, J., on April 16, 1990, granting summary judgment in favor of the defendants Wheelabrator Technologies, Inc. and West-chester Resco Company, L.P. (collectively “Wheelabrator”), and dismissing plaintiff Environmental Defense Fund’s (EDF) complaint with prejudice. Judgment was entered pursuant to Judge Haight’s order of April 9, 1990. Prior to ordering entry of judgment, Judge Haight had issued an opinion dated November 21, 1989, which examined EDF’s…