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KELLY v. WESTINGHOUSE MATERIALS CO. OF OHIO

Civ. No. C-1-88-0313.

707 F.Supp. 319 (1989)

Herbert L. KELLY, Plaintiff, v. The WESTINGHOUSE MATERIALS COMPANY OF OHIO, et al., Defendants.

United States District Court, S.D. Ohio.

February 24, 1989.

Attorney(s) appearing for the Case

David Roloff, Cleveland, Ohio and John Wykoff, Cincinnati, Ohio, for plaintiff.

Mark Silbersack, Cincinnati, Ohio, for defendants.

ORDER

CARL B. RUBIN, Chief Judge.

This matter is before the Court upon defendants' the Westinghouse Materials Company of Ohio, et al. motion for partial summary judgment to dismiss Count II of the First Amended Complaint (doc. no. 20). Memoranda in opposition to and in support thereof have been filed (doc. nos. 21, 22). For the reasons contained herein defendants' motion is DENIED.

In 1954, plaintiff began working for the National Lead Company of...

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