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UNITED STATES OF AMERICA, and The STATE OF NEW YORK, Plaintiffs, v. ALCAN ALUMINUM CORPORATION, et al., Defendants.

MEMORANDUM DECISION ORDER

McAVOY, UNITED STATES DISTRICT JUDGE.

The Court's April 30, 2000 Memorandum Decision Order in the above captioned matter incorrectly referenced "absorbent beam[s]" rather than "absorbent boom[s]." The Memorandum Decision Order is hereby amended, all references to "absorbent beam[s]" should read "absorbent boom[s]."

The Court hereby incorporates a prior amendment, dated May 16, 2000, that amended footnote 3 to read:

With the parties consent, the Court appointed an expert pursuant to FED. R. EVID. 706 to assist it in evaluating scientific evidence. The Court's expert, Professor Charles Driscoll, Ph.D., is associated with the Department of Civil and Environmental Engineering at Syracuse University. The Court had numerous telephone conferences with Dr. Driscoll in March and April of 2000. In the course of these communications the Court provided Dr. Driscoll with copies of relevant exhibits and excerpts from relevant trial testimony. In certain portions of its decision, the Court relied on information supplied by Driscoll in telephone conversations. Dr. Driscoll memorialized the information imparted in these telephone conversations in a letter dated May 3, 2000, which is now part of the record in this case.

IT IS SO ORDERED

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UNITED STATES v. ALCAN ALUMINUM CORPORATION, (N.D.N.Y. 2000)
(Aug 17, 2000)