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WHISENHUNT v. SYLVANIA CORP.

No. CIV-82-793E.

671 F.Supp. 214 (1987)

Hixie WHISENHUNT, Individually and as Administratrix of the Estate of J.W. Whisenhunt, deceased, Plaintiff, v. The SYLVANIA CORPORATION, National Fuel Gas Supply Corporation, Penn York Energy Corporation, National Gas Storage Corporation, Seneca Resources Corporation, National Fuel Gas Distribution Corporation, George J. Wilson, J.L. Henderson, Sr. and Evelyn J. Henderson, Defendants.

United States District Court, W.D. New York.

October 2, 1987.

Attorney(s) appearing for the Case

Charles O. Ingraham, Binghamton, N.Y., for plaintiff.

Charles Ryan Desmond, Buffalo, N.Y., James F. Young, Elmira, N.Y., for defendants.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This wrongful death action arises out of an accident in which J.W. Whisenhunt ("Whisenhunt") was killed and which occurred October 20, 1979 in the County of Allegany in the Western District of New York. Jurisdiction is premised on diversity of citizenship.

Defendants Wilson, J.L. Henderson, Sr. and Evelyn J. Henderson allegedly own real property through which defendant The Sylvania Corporation ("Sylvania...

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