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WITTER v. ABELL-HOWE CO.

No. CIV-90-1140S.

765 F.Supp. 1144 (1991)

Michael WITTER and Mary Witter, his wife, Plaintiffs, v. ABELL-HOWE CO., American Hoist & Derrick Company, and Crosby Group, Inc., Defendants.

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

June 14, 1991.

Attorney(s) appearing for the Case

James T. Scime, Buffalo, N.Y., for plaintiffs.

Leslie Loew-Blosser, Minneapolis, Minn., for defendants.

DECISION AND ORDER

SKRETNY, District Judge.

INTRODUCTION

Now before this Court is defendant The Crosby Group, Inc.'s ("Crosby") motion to dismiss the Complaint pursuant to Fed.R. Civ.P. 12(b)(6) or in the alternative for summary judgment pursuant to Fed.R.Civ.P. 56 ("motion") as to it.1 Plaintiffs Michael Witter and Mary Witter (collectively "plaintiffs") have filed an opposition to Crosby's motion which includes a...

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