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DIAZ v. SOUTH BEND LATHE INC.

No. 85 CV 4397.

707 F.Supp. 97 (1989)

Julio DIAZ and Katherine Diaz, Plaintiffs, v. SOUTH BEND LATHE INC., and Amsted Industries, Inc., Defendants. SOUTH BEND LATHE INC., Defendant, Third-Party Plaintiff, v. AMRUM METAL INDUSTRIES, INC., Third-Party Defendant.

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

February 28, 1989.

Attorney(s) appearing for the Case

Ted Trief, Trief & Olk, New York City, for plaintiffs.

Herzfeld & Ruskin, P.C., New York City, for Amsted.

McCarter & English, New York City, for South Bend Lathe.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Plaintiffs Julio and Katherine Diaz bring this action based on diversity of citizenship, 28 U.S.C. § 1332(a)(1), against defendants South Bend Lathe Inc. ("SBL") and Amsted Industries, Inc. ("Amsted") for personal injuries incurred by Julio Diaz while he was operating a power press manufactured by Johnson Machine and Press Corp. ("Johnson"). Plaintiffs name Amsted on the theory that it is a successor...

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