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DUNLOP TIRE CORP. v. FMC CORP.

90 Misc.2d 876 (1977)

Dunlop Tire and Rubber Corporation, Plaintiff, v. FMC Corporation, Defendant. Ashland Oil, Inc., Plaintiff, v. FMC Corporation, Defendant. New York Telephone Company, Plaintiff, v. FMC Corporation, Defendant. Dennis J. Laughlin, Doing Business as Dennis J. Laughlin Towing, Plaintiff, v. FMC Corporation, Defendant.

Supreme Court, Erie County.

May 31, 1977

Attorney(s) appearing for the Case

Sheldon Hurwitz and John J. Quackenbush, Jr., for FMC Corporation, defendant. Phillips, Lytle, Hitchcock, Blaine & Huber (Paul B. Zuydhoek of counsel), for Dunlop Tire and Rubber Corporation and another, plaintiffs. O'Shea, Adamson, Reynolds & Napier for Ashland Oil, Inc., plaintiff. Gaffney & Kirisits (Thomas J. Gaffney of counsel), for Dennis J. Laughlin, doing business as Dennis J. Laughlin Towing, plaintiff.

JAMES B. KANE, J.

On March 1, 1973, a damaging explosion occurred at the plant of the defendant, FMC Corporation (FMC). Immediately thereafter FMC engaged the services of Arthur D. Little, Inc. (ADL) to conduct an investigation. ADL made on site inspections on March 4, 5, and 23, 1973 and submitted a report of its findings and conclusions on May 24, 1973. It is this report which the plaintiffs seek to inspect...

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