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BUCK v. HORSEHEADS INDUSTRIAL CAPITAL MANAGEMENT

No. 02-CV-6506L.

362 F.Supp.2d 403 (2005)

Mary BUCK, Individually and on Behalf of the Estate of David N. Buck, Sr., Plaintiff, v. HORSEHEADS INDUSTRIAL CAPITAL MANAGEMENT, II, LLC, as Successor in Interest to Horseheads Industrial Capital Management, LLC, et al., Defendants.

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

March 31, 2005.

Attorney(s) appearing for the Case

James B. Reed, Ziff, Weiermiller & Hayden, Elmira, NY, for Plaintiff.

Glenn E. Pezzulo, Culley, Marks, Tanenbaum & Pezzulo, Debra Martin, Martin & Iati LLP, Michael R. Law, Phillips Lytle LLP, Anthony J. Piazza, Hiscock & Barclay LLP, Rochester, NY, Lawrence Leclair, Sayles & Evans, Elmira, NY, for Defendants.

DECISION AND ORDER

LARIMER, District Judge.

This action began as a wrongful death action against Horseheads Industrial Capital Management, II, LLC ("Horseheads"). As will be explained below, however, the only remaining claim is Horseheads' third-party claim against The Travelers ("Travelers"). The remaining claims have been settled among the parties. Both Horseheads and Travelers have moved for summary judgment. For the reasons that follow, Travelers...

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