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AGRI-MARK, INC. v. NIRO, INC.

No. CIV.A.99-30120-KPN.

233 F.Supp.2d 200 (2002)

AGRI-MARK, INC. and The Travelers Indemnity Company, Plaintiffs v. NIRO, INC., Defendant

United States District Court, D. Massachusetts.

December 4, 2002.

Attorney(s) appearing for the Case

Sean P. Carter, Cozen & O'Connor, A. Richard Bailey, Martin P. Duffey, Cozen and O'Connor, Justin B. Wineburgh, Cozen and O'Connor, Elaine M. Rinaldi, Cozen and O'Connor, Philadelphia, PA, Stuart G. Blackburn, Law Office of Stuart G. Blackburn, Windsor Locks, CT, for Agri-Mark, Inc., Plaintiffs.

Michael S. Appel, Sugarman, Rogers, Barshak & Cohen, Boston, MA, for Defendant.

MEMORANDUM AND ORDER WITH REGARD TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Docket No. 99)

NEIMAN, United States Magistrate Judge.

As explained in the court's February 1, 2002 memorandum and order, this action arises out of two failures of an industrial milk evaporator owned and operated by Agri-Mark, Inc. ("Agri-Mark"). Agri-Mark, Inc. v. Niro, Inc., 214 F.Supp.2d 33, 35 (D.Mass.2002). Agri-Mark and...

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