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LEMKE BY LEMKE v. CITY OF PORT JERVIS

No. 96 CIV. 5276 (BDP).

991 F.Supp. 261 (1998)

Christina LEMKE, an infant, by her father and natural guardian, Edward LEMKE, and Edward Lemke, individually, Plaintiffs, v. The CITY OF PORT JERVIS, the United States Department of Agriculture, the United States Rural Economic Development Agency, f/k/a Farmers Home Administration, C & D Power Systems, Inc., a/k/a C & D Battery, and Smith Plumbing & Heating, Inc., Defendants.

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

January 12, 1998.

Attorney(s) appearing for the Case

Jeffrey Joseph Rea, New York, NY, for Plaintiff.

Lisa L. Gollihue, O'Connor & O'Connor LLP, White Plains, NY, for Defendant City of Port Jervis.

Jonathan A. Willens, Asst. U.S. Atty., U.S. Attorney's Office, New York, NY, for Defendants United States Department of Agriculture, United States Rural Economic Development Agency, f/ka Farmers Home Administration.

Monte J. Rosenstein, Rosenstein, McKenna & Bonney, Middletown, NY, for Defendant Smith Plumbing & Heating, Inc.

MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

INTRODUCTION

This suit arises from the government financed purchase and occupancy by plaintiff Edward Lemke and his wife, Gina Lemke, of a house at 48 Hudson Street in Port Jervis, New York. Subsequent to the Lemkes' purchase of the home in 1991, the house was found to contain high levels of lead, which allegedly caused personal injury to the...

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