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FISKE v. CHURCH OF ST. MARY OF THE ANGELS

No. 90-CV-340E.

802 F.Supp. 872 (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.

April 23, 1992.

Attorney(s) appearing for the Case

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

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

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

Kirchberger & Bender, Buffalo, N.Y. (Thomas W. Bender, of counsel), 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 Defendant L.C. Whitford Company's ("Whitford") motions to amend its answer pursuant to Fed.R.Civ.P. 15(a), for summary judgment dismissing the complaint against Whitford pursuant to Fed. R.Civ.P. 12(b) and 56(b), and for summary judgment...

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