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COHEN v. STEVE'S ICE CREAM

Civ. A. No. 86-2469-Mc.

737 F.Supp. 8 (1990)

David L. COHEN, Plaintiff, v. STEVE'S ICE CREAM; Oringer Manufacturing Co., Inc., et al, Defendants/Third-Party Plaintiffs, v. Philip KURTZ; Paul Curry and Florasynth, Inc., Third-Party Defendants.

United States District Court, D. Massachusetts.

June 4, 1990.

Attorney(s) appearing for the Case

Roger S. Lewenberg, Franklin Lewenberg, Herman & Lewenberg, Boston, Mass., for plaintiff.

John J. O'Keefe, Richard K. Donahue, Michael W. Gallagher, Donahue & Donahue, Lowell, Mass., James B. Dolan, Badger, Sullivan, Kelley & Cole, Boston, Mass., for Oringer Mfg. Co.

Richard E. Bachman, Hale, Sanderson, Byrnes & Morton, Boston, Mass., for Crescent Mfg. Co.

Jeanne O. McHugh, Long, Anderson, McTaggart & Racicot, Boston, Mass., for Worcester Quality Foods.

Thomas W. Porter, Jr., Joseph Musacchio, Richard J. Shea, Melick & Porter, Boston, Mass., for Florasynth, Inc.

Thomas D. Burns, Burns & Levinson, Boston, Mass., for Hallsmith Sysco Food.

Francis X. Kiley, Linehan, Gallagher & Mahoney, Boston, Mass., for Paul Curry and Philip Kurtz, and Steve's Ice Cream, Inc.

Sandor I. Rabkin, Boston, Mass., for Worcester Quality Foods, Inc.

William J. Dignan, Jason Yarvitz, Quincy, Mass., for Philip Kurtz.

MEMORANDUM AND ORDER

McNAUGHT, District Judge.

In this action plaintiff claimed he suffered personal injury when a container of extract leaked and caught fire.

The third party defendant brought a motion for summary judgment against the defendant (third party plaintiff). The facts appear beyond dispute. Third party defendant manufactured the extract, putting it in fifty-five gallon drums and sold the product to, among others, the defendant. The defendant...

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