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ESPINOSA v. VAN DORN PLASTIC MACHINERY CO.

No. 91 Civ. 3416 (LAP).

813 F.Supp. 252 (1993)

Zanaida ESPINOSA and Alfredo Espinosa, Plaintiffs, v. VAN DORN PLASTIC MACHINERY COMPANY, DIVISION OF VAN DORN COMPANY, Defendants. VAN DORN COMPANY, Third Party Plaintiff, v. ALBEST METAL STAMPING COMPANY, Third Party Defendant.

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

February 17, 1993.

Attorney(s) appearing for the Case

William P. Ford, Ford Marrin Esposito Witmeyer & Gleser, New York City, for Van Dorn.

William M. Kimball, New York City, for Albest Metal Stamping Co.

PRESKA, District Judge.

Defendant/Third Party Plaintiff, Van Dorn Company ("Van Dorn") has moved, by letter brief, to have the third party action tried by a jury on the basis that the jury demand in the main action controls trial by jury on the third party complaint.

Facts

Plaintiffs, Zanaida and Alfredo Espinosa commenced a products liability action against Van Dorn in New York State Court. Pursuant to 28 U.S.C. § 1332, Van Dorn removed...

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