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MEDEIROS v. WHITCRAFT

Civil Action No. 94-12601-MLW.

931 F.Supp. 68 (1996)

Richard J. MEDEIROS, Gale Medeiros, Plaintiffs, v. Ernest W. WHITCRAFT and Lester Fellows, Inc., Defendant/Third-Party Plaintiff, v. E.T. & L. CONSTRUCTION CORPORATION, Third-Party Defendant.

United States District Court, D. Massachusetts.

July 15, 1996.

Attorney(s) appearing for the Case

Stuart A. Romm, Law Offices of Stuart Romm, P.C., Fall River, MA, for plaintiffs Richard J. Medeiros, Gale Medeiros.

Christopher C. Mathers, Mathers & Mathers, Brockton, MA, for consolidated plaintiff David McCarron.

Scott D. Peterson, Thomas F. Healy, Healy & Healy, Boston, MA, for defendant Lester Fellow, Inc.

Thomas F. Healy, Healy & Healy, Boston, MA, for defendant Ernest W. Whitcraft.

Scott D. Peterson, Healy & Healy, Boston, MA, Rosemary A. Macero, Morrison, Mahoney & Miller, Boston, MA, for third-party defendant E.T. & L. Construction Corporation.

MEMORANDUM AND ORDER ON MOTION FOR SUMMARY JUDGMENT OF E.T. & L. CONSTRUCTION CORPORATION ON THIRD-PARTY CLAIMS AND MOTION FOR ENTRY OF SEPARATE AND FINAL JUDGMENT UNDER F.R.C.P. 54(b) (# 35)

COLLINGS, United States Magistrate Judge.

I. INTRODUCTION

On July 9, 1993, the plaintiffs, Richard Medeiros (hereinafter "Medeiros") and David McCarron (hereinafter "McCarron") were struck by cast iron ductile pipe while traveling in a pickup...

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