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VERMONT PLASTICS, INC. v. BRINE, INC.

No. 2:91-CV-203.

824 F.Supp. 444 (1993)

VERMONT PLASTICS, INC., Plaintiff, v. BRINE, INC., Defendant and Third-Party Plaintiff, v. NEW ENGLAND PLASTIC SERVICES CO. and Plastic Materials Company, Inc., Third-Party Defendants. BRINE, INC., Counter-Claimant, v. VERMONT PLASTICS, INC., Counter-Defendant. VERMONT PLASTICS, INC., Third-Party Plaintiff, v. NEW ENGLAND PLASTIC SERVICES, CO. and Plastic Materials Company, Inc., Third-Party Defendants. NEW ENGLAND PLASTIC SERVICES CO., Cross-Claimant, v. PLASTIC MATERIALS COMPANY, INC., Cross-Defendant.

United States District Court, D. Vermont.

June 4, 1993.

Attorney(s) appearing for the Case

Gary D. McQuesten, Valsangiacomo, Detora & McQuesten, P.C., Barre, VT, for Vermont Plastics, Inc.

David N. Cole, Hanover, NH, for Brine, Inc.

Paul L. Reiber, and Carolyn Browne Anderson, Abell, Kenlan, Schwiebert & Hall, P.C., S. Stacy Chapman, III, Webber, Costello & Chapman, Ltd., Rutland, VT, and Donald Ball, Ball & Sargent, Worcester, MA, for New England Plastic Services, Co.

Robert S. DiPalma, John T. Sartore, Paul Frank & Collins, P.C., Burlington, VT, for Plastic Materials Company, Inc.

OPINION AND ORDER

PARKER, Chief Judge.

Defendant and third-party plaintiff, Brine, Inc. ("Brine") brings this third-party action against third-party defendants Plastic Materials Company, Inc. ("PMC") and New England Plastic Services ("New England"), alleging negligence, negligent misrepresentation, and breach of express and implied warranties. Both third-party defendants (collectively, "Defendants") move to dismiss the negligence claims, for judgment on...

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