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CITY OF BANGOR v. CITIZENS COMMUNICATIONS COMPANY

United States District Court, D. Maine.

Dec 1, 2003

Judgment

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Case Information

CITATION CODES

citation codes

DOCKET NO.

Civil No. 02-183-B-S

Attorney(S)

W. SCOTT LASETER, McKENNA, LONG ALDRIDGE, ATLANTA, GA, for CITY OF BANGOR WILLIAM B. DEVOE, P. ANDREW HAMILTON, EATON, PEABODY, BRADFORD VEAGUE, BANGOR, ME, for CITY OF BANGOR JAY C. JOHNSON, JOHN S. HAHN, JULIE ANNA POTTS, MAYER, BROWN, ROWE MAW, WASHINGTON, DC, for CITIZENS COMMUNICATIONS COMPANY MARTHA C. GAYTHWATTE, BRUCE W. HEPLER, FRIEDMAN, GAYTHWATTE, WOLF LEAVITT, PORTLAND, ME, for CITIZENS COMMUNICATIONS COMPANY JOHN P. McVEIGH, DAVID B. VAN SLYKE, PRETI, FLAHERTY, BELFVEAU, PACHLOS HALEY, LLC, PORTLAND, ME, for BARRETT PAVING MATERIALS INC JOHN H. DE YAMPERT, JR., U.S. DEPARTMENT OF JUSTICE, WASHINGTON, DC, for UNITED STATES ARMY CORPS OF ENGINEERS STEPHEN E. CROWLEY, ENVIRONMENTAL NATURAL RESOURCES DIVISION, ENVIRONMENTAL DEFENSE SECTION, WASHINGTON, DC, for UNITED STATES ARMY CORPS OF ENGINEERS MICHELLE T. DELEMARRE, U.S. DEPARTMENT OF JUSTICE, WASHINGTON, DC, for UNITED STATES ARMY CORPS OF ENGINEERS FREDERICK F. COSTLOW, MARY F. KELLOGG, FREDERICK J. BADGER, JR., RICHARDSON, WHITMAN, LARGE BADGER, BANGOR, ME, for GUILFORD TRANSPORTATION INDUSTRIES, INC GREGORY A. BIBLER, ROBERT L. BRENNAN, GOODWIN PROCTOR LLP, BOSTON, MA, for HONEYWELL INTERNATIONAL INC SEAN MAHONEY, VERRILL DANA, PORTLAND, ME, for HONEYWELL INTERNATIONAL INC CHARLES A. HARVEY, JR., ROBERT S. FRANK, HARVEY FRANK, PORTLAND, ME, for DEAD RIVER COMPANY DOUGLAS A. GRAUEL, BRADLEY D. HOLT, E. TUPPER KINDER, NELSON, KINDER, MOSSEAU SATURLEY, P.C., MANCHESTER, NH, for UGI UTILITIES EVC JAY VARON, FOLEY LARDNER, WASHINGTON, DC, for UGI UTILITIES EVC JEFFREY A. THALER, BERNSTEIN, SHUR, SAWYER, NELSON, PORTLAND, ME, for BEAZER EAST INC CHARLES T. WEHLAND, ALBERT D. STURTEVANT, LAURA M. EARL, JONES, DAY, CHICAGO, IL, for CENTERPOINT ENERGY RESOURCES CORP DAVID S. SHERMAN, JR, DRUMMOND, WOODSUM MACMAHON, PORTLAND, ME, for CENTERPOINT ENERGY RESOURCES CORP MARY F. KELLOGG, RICHARDSON, WHITMAN, LARGE BADGER, BANGOR, ME, for MAINE CENTRAL RAILROAD COMPANY KEVIN M. CUDDY, CUDDY LANHAM, BANGOR, ME, for ROBINSON SPEIRS, JR JULIE ANN MacMANNIS, NANCY S DAWSON, ELIZABETH H SPEIRS, MARY S PRICE, ROBINSON SPEIRS.

JUDGES

George Z. Singal

ACTS

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ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

GEORGE Z. SINGAL, District Judge

The United States Magistrate Judge filed with the Court on September 22, 2003 her Recommended Decision (Order on Motion to Strike Third-Party Complaint and Recommended Decision on Motion to Dismiss and/or Motion for Summary Judgment filed by Third-Party Defendant, Guilford Transportation, Inc., Docket #140). The Third-Party Defendant Guilford Transportation Industries, Inc. filed its objection to the Recommended Decision on October 15, 2003 (Docket #166) and Third-Party Plaintiff Citizens Communications Company filed is response to that objection on October 31, 2003 (Docket #183). I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have considered the oral argument of the parties and I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary.

1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED (Docket #140). Guilford Transportation Industries, Inc.'s Motion to Strike Third-Party Complaint is DENIED (Docket #166) and Guilford Transportation Industries, Inc.'s Motion to Dismiss and/or Motion for Summary Judgment is DENIED(Docket #47).