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KEMPSKI v. TOLL BROS., INC.

Civil Action No. 06-252-MPT.

582 F.Supp.2d 636 (2008)

Robert P. KEMPSKI, Plaintiff, v. TOLL BROS., INC., et al., Defendants. Toll Bros., Inc., Third-Party Plaintiff, v. Delaware Heating and Air Conditioning Services, Inc., a corporation of the State of Delaware, Third-Party Defendant.

United States District Court, D. Delaware.

October 21, 2008.

Attorney(s) appearing for the Case

Michael P. Kelly, Esq., David A. White, Esq., Matthew J. Rifino, Esq., McCarter & English, LLP, Wilmington, DE, for Defendant/Third-Party Plaintiff Toll Bros., Inc.

Louis J. Rizzo, Jr., Esq., Reger Rizzo Kavulich & Darnall LLP, Wilmington, DE, for Third-Party Defendant Delaware Heating and Air Conditioning Services Inc.

MEMORANDUM OPINION

THYNGE, United States Magistrate Judge.

Introduction

This matter arises out of a third-party complaint filed by Toll Brothers, Inc. ("TBI") against Delaware Heating and Air Conditioning Services, Inc. ("DHAC") seeking indemnification under the theories of: (1) negligence; (2) premise liability; (3) breach of contract; and (4) declaratory judgment. Both parties have moved for summary judgment.

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