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WINDLEY v. POTTS WELDING & BOILER REPAIR, CO.

Civ. A. No. 94-432-JLL.

888 F.Supp. 610 (1995)

William T. WINDLEY, Jr. and Victoria Windley, his wife, Plaintiffs, v. POTTS WELDING & BOILER REPAIR, CO., INC., a Delaware corporation, City of Dover, and ABB Air Preheater, Inc., a Delaware corporation, Defendants.

United States District Court, D. Delaware.

June 9, 1995.

Attorney(s) appearing for the Case

Lois J. Dawson, Wilmington, DE, and Sol H. Weiss, of Anapol, Schwartz, Weiss & Cohan, P.C., Philadelphia, PA, for plaintiffs.

William J. Cattie III, of Heckler & Cattie, Wilmington, DE, for defendant Potts Welding & Boiler Repair, Co., Inc.

Robert K. Pearce, of Trzuskowski, Kipp, Kelleher & Pearce, Wilmington, DE, for defendant City of Dover.

Daniel L. McKenty, of Swartz, Campbell & Detweiler, Wilmington, DE, for defendant ABB Air Preheater, Inc.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

This action arises from injuries allegedly incurred by the Windleys ("Windleys") when William Windley was working at the McKee Run Power Plant ("McKee Run") in Dover, Delaware, on November 18, 1992. Presently before the Court is ABB Air Preheater, Inc.'s ("ABB Air Preheater") motion for summary judgment, (Docket Item ["D.I."] 88).

For the reasons that follow, the...

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