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WICK v. WABASH HOLDING CORP.

No. 07-CV-785.

801 F.Supp.2d 93 (2011)

Anthony M. WICK, Plaintiff, v. WABASH HOLDING CORP., formerly known as Diehl Machines, Inc., Defendant/Third-Party Plaintiff, v. Fitzpatrick & Weller, Inc., Third-Party Defendant.

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

March 14, 2011.

Attorney(s) appearing for the Case

Patrick J. Maloney, Dempsey & Dempsey, Buffalo, NY, for Plaintiff.

James A. Gallagher, Jr., Peter F. Vetro, Gallagher & Faller, Esq., Garden City, NY, for Defendant/Third-Party Plaintiff.

Robert S. Stockton, Stockton Barker & Mead LLP, Albany, NY, for Third-Party Defendant.

ORDER

RICHARD J. ARCARA, District Judge.

This case was referred to Magistrate Judge Leslie G Foschio pursuant to 28 U.S.C. § 636(b)(1), on December 19, 2007. On February 1, 2010, defendant filed a motion for summary judgment. On September 14, 2010, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant Wabash Holding Corp.'s ("Wabash") motion for summary judgment be granted and that Wabash's cross-claim against defendant...

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