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FISKE v. CHURCH OF ST. MARY OF THE ANGELS

No. 90-CV-340E.

804 F.Supp. 496 (1992)

Jerome E. FISKE, Plaintiff, v. CHURCH OF ST. MARY OF THE ANGELS, and the L.C. Whitford Company, Inc., Defendants. CHURCH OF ST. MARY OF THE ANGELS, and the L.C. Whitford Company, Inc., Third Party Plaintiffs, v. FISKE COMPANY II, INC., Third Party Defendant.

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

May 19, 1992.

Attorney(s) appearing for the Case

Burgett & Robbins, Dalton J. Burgett (Mary Speedy Hajdu, of counsel), Jamestown, N.Y., for Jerome E. Fiske.

Quinn & McGarry, P.C. (David C. Quinn, of counsel), Buffalo, N.Y., for Church of St. Mary of the Angels.

Michael Pilarz, Buffalo, N.Y., for L.C. Whitford Co., Inc.

Kirchberger & Bender (Thomas W. Bender, of counsel), Buffalo, N.Y., for Fiske Co. II, Inc.

DECISION AND ORDER

FOSCHIO, United States Magistrate Judge.

JURISDICTION

The parties filed a consent to proceed before the undersigned on November 4, 1991. This matter is presently before the court pursuant to Plaintiff's motion for summary judgment pursuant to Fed. R.Civ.P. 56(a); Defendant Church of St. Mary of the Angel's ("St. Mary") cross-motion for summary judgment against Plaintiff pursuant to Fed.R.Civ.P. 56(b); and, St. Mary's cross-motion...

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