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KERN v. ROEMER MACH. & WELDING CO.

No. 91 Civ. 0615 (RWS).

820 F.Supp. 719 (1992)

William KERN and Dorothy Kern, Plaintiffs, v. ROEMER MACHINE & WELDING CO., Defendant. ROEMER MACHINE & WELDING CO., Third-Party Plaintiff, v. FRYE COPYSYSTEMS, INC., Third-Party Defendant.

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

As Amended December 16, 1992.

Attorney(s) appearing for the Case

Finkelstein, Levine, Gittelsohn & Tetenbaum, Newburgh, NY, for plaintiffs; Elliot S. Tetenbaum, Eleanor L. Polimeni, George A. Kohl, 2nd, of counsel.

Werner & Kennedy, New York City, for defendant and third-party plaintiff; Samuel D. Levy, John M. Nonna, of counsel.

Bigham Englar Jones & Houston, New York City, for third-party defendant; George S. Evans, Jr., of counsel.

OPINION

SWEET, District Judge.

The defendant and third-party plaintiff Roemer Machine & Welding Co. ("Roemer") has moved for summary judgment pursuant to Rule 56, Fed.R.Civ.P. and Civ.R. U.S.D.C. 3 against plaintiffs William and Dorothy Kern (the "Kerns"). Third-party defendant Frye Copysystems, Inc. ("Frye"), joins the motion for summary judgment.

The Kerns have moved for an order pursuant to Fed.R.Civ.P. 12(f) & (c) striking the "Third...

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