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TOWN OF KIRKWOOD v. GORICK CONST. CO., INC.

No. 90-CV-110.

804 F.Supp. 441 (1992)

The TOWN OF KIRKWOOD and the Town Board of the Town of Kirkwood Acting For and On Behalf of Water Districts 1, 2, 3 and 4, and Extension No. 1 of Water District No. 3, Extension No. 2 of Water District No. 3, Extension No. 3 of Water District No. 3, Extension No. 4 of Water District No. 3 and Extension No. 1 of Water District No. 4 of the Town of Kirkwood, Plaintiffs, v. GORICK CONSTRUCTION COMPANY, INC., Alfred F. GORICK, Diane K. MERKLE, Individually and as Executrix of the Estate of Stephanie GORICK, deceased, Alfred F. GORICK, Jr., David MERKEL, III, Sally M. SHIRK and D.A.S. Development Corp., Defendants.

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

October 21, 1992.

Attorney(s) appearing for the Case

Herbert A. Kline, Town of Kirwood Atty., Binghamton, N.Y., for plaintiffs.

Whiteman, Osterman & Hanna (Jonathan P. Nye, of counsel), Albany, N.Y., for defendants.

MEMORANDUM DECISION AND ORDER

CHOLAKIS, District Judge.

Pursuant to Fed.R.Civ.P. 56, plaintiffs, the Town of Kirkwood and the Town Board acting for and on behalf of its Water Districts and Extensions (collectively "Kirkwood"), seek a summary judgment order establishing the strict, joint and several liability of the defendants Gorick Construction Co., Inc., Alfred P. Gorick, Sr., and Diane K. Mekel as Executrix of the Estate of Stephanie Gorick, deceased...

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