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EAGLE STAR INS. CO. OF AMERICA v. METROMEDIA INC.

Civ. A. No. 82-321.

578 F.Supp. 184 (1984)

EAGLE STAR INSURANCE COMPANY OF AMERICA, suing on its own behalf and for the use and benefit of its Insured, Reader's Digest Association, Inc. v. METROMEDIA, INC., Notifier Company, and Notifier Engineering Northeast Corporation. METROMEDIA, INC. v. NOTIFIER CO. and Notifier Engineering Northeast Co. NOTIFIER ENGINEERING NORTHEAST CO. v. GENERAL ELECTRIC CO. and Fedders Corp. METROMEDIA, INC. v. GENERAL ELECTRIC COMPANY and Fedders Corp.

United States District Court, D. Vermont.

January 5, 1984.

Attorney(s) appearing for the Case

Paul Kulig of Keyser, Crowley, Banse, Abell & Facey, Rutland, Vt., for plaintiff.

F. Brian Joslin of Theriault & Joslin, Montpelier, Vt., for defendant Metromedia, Inc.

Harold Eaton of Miller, Norton & Cleary, Rutland, Vt., for defendant Notifier Engineering Northeast Corp.

Ritchie E. Berger of Dinse, Allen & Erdmann, Burlington, Vt., for third party defendant Fedders Corp.

Ellen Burgess of Ryan, Smith & Carbine, Rutland, Vt., for third party defendant Gen. Elec. Co.

OPINION AND INTERLOCUTORY ORDER

HOLDEN, District Judge.

On October 27, 1983, the Magistrate recommended dismissal of the third party complaint of Metromedia, Inc. and the cross-claim of Notifier Engineering Northeast Company (NENC). Metromedia filed a timely written objection to the Magistrate's Report and Recommendation. A hearing on Metromedia's objection was held on November 29, 1983. For the reasons which follow, the court is persuaded that Metromedia...

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