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Sevenson Environmental Services Inc. has been ordered to pay $1 million to a California man who sued the Niagara Falls hazardous waste cleanup firm for infringing on a process he patented using lime to mitigate harmful substances.

The company may take a one-time charge of less than 10 cents per share against the second-quarter earnings it expects to report next week, William J. McDermott, Sevenson's vice president of finance, said Tuesday.

Sevenson also plans to appeal the verdict of the jury that considered the lawsuit in federal district court in Delaware.

The lawsuit filed by Frank Manchak against Sevenson stems from the company's use of lime to treat soil that had been contaminated by cadmium at the Marathon Battery Superfund site in Cold Spring, N.Y. from 1993-94.

Manchak alleged that Sevenson violated his patent when the company used a mixer to combine lime with contaminated soil from the Marathon Battery site. Manchak received a patent for his process in 1977 and has since sued several waste companies for patent infringement, McDermott said. The patent expired in 1994.

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