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MAESTRI v. WESTLAKE EXCAVATING CO., INC.

Civ. Nos. 90-CV-1155 (FJS), 93-CV-316 (FJS).

894 F.Supp. 573 (1995)

Bert MAESTRI, Plaintiff, v. WESTLAKE EXCAVATING CO., INC. and Robert A. Valerino, Individually and as President of Westlake Excavating Co., Inc., Defendants. STAUFFER MANAGEMENT COMPANY, Plaintiff, v. Bert MAESTRI, John Maestri, Robert Valerino, Solvay Iron Works, Inc., and Westlake Excavating Company, Inc., Defendants.

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

As Corrected May 1, 1995.

Attorney(s) appearing for the Case

Lacy, Katzen, Ryen & Mittleman (Richard Glen Curtis, of counsel), Rochester, NY, for Robert Valerino.

Menter, Rudin & Trivelpiece, P.C. (Gerald J. Mathews, of counsel), Syracuse, NY, for Solvay Iron Works, Inc. and Alfred Chemotti.

Stefan Berg, Syracuse, NY, for Westlake Excavating Co.

Bond, Schoeneck & King (Thomas R. Smith, of counsel), Syracuse, NY, for Bert Maestri.

Green & Seifter (Richard Brickwedde, of counsel), Syracuse, NY, for John Maestri.

Teitelbaum, Hiller, Rodman Paiden & Hisbsher, P.C. (Ann Alexander, of counsel), New York City, for Stauffer Management Co.

O'Melveny & Myers (Thomas G. Carruthers, of counsel), New York, for Insurance Co. of North America.

DECISION AND ORDER

SCULLIN, District Judge.

INTRODUCTION

This matter is before the court on the Insurance Company of North America's ("INA") motion for interlocutory certification under 28 U.S.C. § 1292(b) and for a stay of the current proceedings and on Solvay Iron Works, Inc.'s ("Solvay"), Bert Maestri's and John Maestri's (collectively "the insured") motion for attorneys' fees.

BACKGROUND

I. THE UNDERLYING EVENTS...

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