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VAN DYKE v. COLUMBIA MACHINE, INC.

No. 01-CV-6357L.

246 F.Supp.2d 191 (2003)

Travis E. VAN DYKE, Plaintiff, v. COLUMBIA MACHINE, INC., et al., Defendants.

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

February 18, 2003.

Attorney(s) appearing for the Case

John L. Perticone, Levene, Gouldin & Thompson, Vestal, NY, for Plaintiff.

Michael A. Brady, Hagerty & Brady, Buffalo, NY, John R. Potter, Heurlin, Potter, Jahn, Leatham & Holtmann, Vancouver, WA, Neil A. Goldberg, Goldberg Segalla LLP, Buffalo, NY, for Defendants.

DECISION AND ORDER

LARIMER, District Judge.

INTRODUCTION

Plaintiff Travis Van Dyke ("plaintiff) filed this diversity action asserting claims based on negligence, breach of warranty, failure to warn, and strict products liability against Columbia Machine Inc. ("Columbia"), the manufacturer of a palletizer machine 1 owned and operated by plaintiffs employer, Leprino Foods Company ("Leprino"). Plaintiff was gravely...

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