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TRIMPER v. TERMINIX INTERN. CO., LTD. PARTNERSHIP

No. 99-CV-643(LEK/RWS).

82 F.Supp.2d 1 (2000)

Bruce TRIMPER, individually and as Parent and legal guardian of Kyle Trimper; Karen Trimper, individually and as Parent and legal guardian of Kyle Trimper; and Kyle Trimper, Plaintiffs, v. TERMINIX INTERNATIONAL COMPANY, Limited Partnership, Defendant.

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

January 25, 2000.

Attorney(s) appearing for the Case

Andrew W. Gilchrist, John A. DeFrancisco, Harris, Beach Law Firm, Syracuse, NY, for Plaintiff.

Kevin E. Wolff, McElroy, Deutsch Law Firm, Morristown, NJ, for Terminix International Co.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

This action involves claims of bodily injury and property damage arising from the application of Defendant's pesticide to Plaintiffs' residence. Defendants removed the case from state court upon diversity grounds, and now seek to dismiss, or in the alternative, stay the action pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 3, 4 ("FAA"). Plaintiffs' in turn have cross-moved to disqualify...

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