CSX Transportation, Inc. v. Meserole Street Recycling

OPINION

ROBERT J. JONKER, District Judge.

This consolidated action consists of three separate cases. The parties and claims in each case overlap significantly. Through a series of motions, multiple parties have moved for total or partial summary judgment. (Docket ## 198, 203, 204, 208, 210). The Court heard oral argument on these motions on February 2, 2009. (Docket # 281.)

BACKGROUND

Meserole Street Recycling, Inc. (“Meserole”) and Westbury Paper Stock Corporation (“Westbury”) are recycling facilities in New York. They receive various types of waste from businesses located in or near New York…