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MESSMER v. XEROX CORP.

No. 99-CV-6199L.

139 F.Supp.2d 398 (2001)

Sandra MESSMER, Individually and as Guardian of David G. Messmer, Plaintiff, v. XEROX CORPORATION, Preferred Care, Defendants.

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

March 26, 2001.

Attorney(s) appearing for the Case

Angelo T. Calleri, Rochester, NY, for plaintiff.

Margaret A. Clemens, Nixon Peabody LLP, Rochester, NY, for Xerox Corp., defendant.

Harold Iselin, Couch White Brenner Howard & Feigenbaum LLP, Albany, NY, Leslie F. Couch, Albany, NY, for Preferred Care, defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, Sandra Messmer, individually and as Guardian of her husband David G. Messmer ("Mr. Messmer"), commenced this action by filing a summons in the Office of the Monroe County Clerk on December 30, 1998. Plaintiff filed a complaint in New York State Supreme Court, Monroe County on April 30, 1999. Defendant Xerox Corporation removed the action to this court on May 12, 1999 under 28 U.S.C. § 1331,...

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