Opinion
Civil No. 02-183-B-S
December 1, 2003
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.
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE 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).