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DUNCAN v. SANTANIELLO

Civ. A. No. 94-30224-MAP.

900 F.Supp. 547 (1995)

David D. DUNCAN, Sr., Walter J. Patterson, Robert M. Sullivan and Charles V. DeGeorge, as Trustees of the Teamsters Health Services and Insurance Plan of Local 404, Plaintiffs, v. Robert M. SANTANIELLO, Jay A. Posnik and Savino J. Basile, Individually and as They are Partners d/b/a Santaniello, Posnik, Basile and Rideout, and Edward J. Partyka, Defendants and Third-Party Plaintiffs, v. David D. DUNCAN, Sr., Michael J. Catanzaro, Robert M. Sullivan, Charles V. DeGeorge, Individually, Third-Party Defendants.

United States District Court, D. Massachusetts.

September 29, 1995.

Attorney(s) appearing for the Case

Matthew E. Dwyer, Grady and Dwyer, Boston, MA, for plaintiffs David D. Duncan, Sr., Walter J. Patterson, Robert M. Sullivan, Charles V. DeGeorge, Trustees of Teamsters Health Services and Insurance Plan of Local 404.

Philip J. Callan, Jr., Michael K. Callan, Doherty, Wallace, Pillsbury & Murphy, Springfield, MA, for defendants Robert M. Santaniello, Jay A. Posnik, Savino J. Basile, individually and as partners dba Santaniello, Posnik, Basile and Rideout, Edward J. Partyka.

MEMORANDUM REGARDING PLAINTIFFS' MOTION TO DISMISS THIRD-PARTY COMPLAINT

PONSOR, District Judge.

I. INTRODUCTION

Before the court are the objections of third-party defendants, David D. Duncan, Sr., Michael J. Catanzaro, Robert M. Sullivan, and Charles V. DeGeorge's ("Duncan Defendants") to Magistrate Judge Kenneth P. Neiman's Report and Recommendation Regarding Third-Party Defendants' Motion to Dismiss the Third-Party Complaint (D...

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