COLLINS v. PROMARK PRODUCTS, INC.

No. 285, Docket 91-6145.

956 F.2d 383 (1992)

Terry COLLINS, Plaintiff, v. PROMARK PRODUCTS, INC., Defendant-Third-Party Plaintiff-Appellee, United States of America, Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 3, 1992.


Attorney(s) appearing for the Case

Kenneth M. Dalton, Sutera, Siracuse & Sutera, New York City, for plaintiff.

Sarah H. Thomas, Sp. Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., Marla Alhadeff, Asst. U.S. Atty.), for third-party defendant-appellant.

Richard A. Tanner, Cedar Grove, N.J., for defendant-third-party plaintiff-appellee.

Robert J. Del Tufo, Atty. Gen. of New Jersey, Edward J. Dauber, Asst. Atty. Gen., William E. Andersen, Dept. of Law & Public Safety, Div. of Law, Richard J. Hughes, Trenton, N.J., for amicus curiae — State of N.J.

John W. McConnell, Asst. Atty. Gen. of New York, Dept. of Law, State of N.Y., Albany, N.Y., Peter H. Schiff, Deputy Sol. Gen., State Atty. General's Office, Albany, N.Y., for amicus curiae — State of N.Y.

Before MINER and MAHONEY, Circuit Judges, and McKENNA, District Judge.


MINER, Circuit Judge:

Third-party defendant-appellant, United States of America ("the government") appeals by permission from an order entered in the United States District Court for the Southern District of New York (Knapp, J.) denying its motion for summary judgment dismissing the third-party claim of third-party plaintiff-appellee Promark Products, Inc. ("Promark"). The action was commenced by plaintiff Terry Collins to...

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