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KROMER v. BEAZER EAST, INC.

No. 91-CV-6484T.

826 F.Supp. 78 (1993)

Douglas A. KROMER and Valerie Kromer, Plaintiffs, v. BEAZER EAST, INC., formerly Beazer Materials & Services, Inc., formerly Koppers Company, Inc., Container Machinery Division, a corporation, and United Container Machinery Group, Inc., a corporation, Defendants. BEAZER EAST, INC., formerly Beazer Materials & Services, Inc., formerly Koppers Company, Inc., Container Machinery Division, a corporation, and United Container Machinery Group, Inc., a corporation, Third-Party Plaintiffs, v. ST. JOE CONTAINER COMPANY, Third-party Defendant.

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

June 15, 1993.

Attorney(s) appearing for the Case

Bohdan Wenglowskyj, Gough, Skipworth, Summers, Eves & Trevett, Rochester, NY, for plaintiffs.

Richard E. Alexander, Harter, Secrest & Emery, Rochester, NY, Stephen Rachlis, Braunschweig, Rachlis, Fishman & Raymond, P.C., New York City, for Beazer East, Inc. and United Container Machinery Group, Inc.

Robert T. DiGuilio, Osborne, Reed, Van de Vate, Burke & Tobin, Rochester, NY, for St. Joe Container Co.

DECISION AND ORDER

TELESCA, Chief Judge.

BACKGROUND

Plaintiff Douglas A. Kromer was injured while cleaning a printer/slotter press, a machine used in the manufacture of corrugated cardboard boxes and manufactured in 1974 by Koppers Company, Inc., Container Machinery Division ("Koppers"). The injury occurred on May 9, 1989, during Kromer's second day of employment at St. Joe Container Company in Rochester, New York. Kromer was injured...

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