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MALTZ v. UNION CARBIDE CHEMICALS & PLASTICS CO.

Nos. 96 Civ. 2512( KMW) (THK), 96 Civ. 2697(KMW) (THK).

992 F.Supp. 286 (1998)

Jerry MALTZ, Marble Life of Houston, Nick Began, Marble Care, Doug Selik, Marble Life of San Diego, Ellen Lynch and Marble Life of S. Orange County, Plaintiffs, v. UNION CARBIDE CHEMICALS & PLASTICS COMPANY, INC., Union Carbide Corp., Ralph Lutjen, David M. Jones, R.D. Kennedy and Michael Neary, Defendants. Jerry MALTZ, Marble Life of Houston, Nick Began, Marble Care, Doug Selik, Marble Life of San Diego, Ellen Lynch and Marble Life of S. Orange County, Plaintiffs, v. UNION CARBIDE MARBLE CARE, INC. Gerald Ehrens, Richard W. Brookcman, Reed Freeman, John Clerico, David M. Jones and Michael Negro, Defendants.

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

January 20, 1998.

Attorney(s) appearing for the Case

Randall O. Sorrels, Abraham, Watkins, Nichols, Ballard & Friend, Houston, TX.

Daniel Gildin, Kaufmann, Feiner, Yamin, Gildin & Robbins, New York City.

ORDER

KIMBA M. WOOD, District Judge.

In a Report and Recommendation dated May 20, 1997 (the "Report"), Magistrate Judge Theodore H. Katz recommended that defendants' motion to dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) be granted in part and denied in part. Defendants (other than Michael Neary) have filed timely objection to the Report. These defendants object to the recommendation of the Report that defendants' motion...

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