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EASTERN REFRACTORIES v. FORTY EIGHT INSULATIONS

No. 86 Civ. 1585 (WCC).

668 F.Supp. 183 (1987)

EASTERN REFRACTORIES COMPANY, INC., Plaintiff, v. FORTY EIGHT INSULATIONS, INC., Fibrex, Inc., Minnesota Mining and Manufacturing Company and Aycock, Inc., Defendants.

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

August 5, 1987.

Attorney(s) appearing for the Case

Parker Chapin Flattau & Klimpl, New York City (Martin G. Bunin, of counsel), Degonge, Garrity & Fitzpatrick, Bloomfield, N.J., for plaintiff.

McDermott, Will & Emery, Chicago, Ill. (James E. Betke, of counsel), MacCartney & MacCartney, Nyack, N.Y. (Harold MacCartney, of counsel), Burke and Smith Chartered, Chicago, Ill. (Ellen G. Robinson, of counsel), for defendant Fibrex, Inc.

Cowan, Liebowitz & Latman, P.C., New York City (Michael F. Maschio, Elliot M. Schachner, of counsel), for defendant Minnesota Min. and Mfg. Co.

Belair Klein Groman & Evans, New York City (Paul I. Klein, of counsel), for defendant Aycock, Inc.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

On April 13, 1987 this Court issued a decision in this action denying the motion to dismiss by defendant Minnesota Mining and Manufacturing Company ("3M"). Familiarity with that opinion and with the facts surrounding this case is presumed.

Following that decision, defendant Aycock, Inc. ("Aycock") moved to dismiss the amended complaint of plaintiff Eastern Refractories Company, Inc. ("ERCO") as...

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