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J.A. BRUNDAGE PLUMBING v. MASSACHUSETTS BAY INS.

No. 92-CV-531A.

818 F.Supp. 553 (1993)

J.A. BRUNDAGE PLUMBING & ROTO-ROOTER, INC., the Drain Doctor, Inc., and John A. Brundage, Plaintiffs, v. The MASSACHUSETTS BAY INSURANCE COMPANY, Defendant.

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

March 10, 1993.

Attorney(s) appearing for the Case

Peter K. Sommer, Sommer, Oliverio & Sommer, Buffalo, NY, for plaintiffs.

Russell N. Brown, Sherry Robinson, Lustig & Brown, Buffalo, NY, for defendant.

DECISION AND ORDER

HECKMAN, United States Magistrate Judge.

The parties have consented to final disposition of this case before the Magistrate Judge, pursuant to 28 U.S.C. § 636(c). Pending for decision are Defendant's motion and Plaintiffs' cross-motion for summary judgment.

For the following reasons, Defendant's motion is denied, and Plaintiffs' cross-motion is granted.

FACTS

The relevant facts are not in dispute. On July...

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