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The Cooperstown-based Empire named the Albany Port District and Port Commission board, as well as port General Manager Richard Hendrick, Chairman Robert Cross, Albany Renewable Energy LLC, Bio-Pro Resources LLC, Casella Waste Systems Inc., Casella Renewable Systems LLC and Casella Albany Renewables LLC.
Attorney Linda R. Shaw said the latest filing was intended "to keep the status quo" while the federal case and arbitration progress.
The port commission had chosen a proposal by Albany Renewable Energy LLC to build a $350 million ethanol plant at the port over competing proposals from Empire and another company.
In January, port officials confirmed that Albany Renewable was talking with Rutland, Vt.-based Casella Waste about a possible waste-to-biofuels plant at the site.
Christopher Von Zwehl, CEO of Empire, had filed a lawsuit accusing Albany Renewable of stealing its idea for an ethanol plant. In March, a portion of Von Zwehls suit was sent to arbitration by U.S. District Court Judge Gary Sharpe in Albany.
"We strongly disagree with Mr. Von Zwehls position," Hendrick, the port general manager, said Thursday afternoon. "We're going to respond with our opposition to his position."
A hearing is scheduled for Oct. 23 at 9 a.m. at the Albany County Courthouse.
Read more and comment in The Buzz: Business blog.
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