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CERASOLI v. XOMED, INC.

No. 96-CV-6341L.

952 F.Supp. 152 (1997)

Don A. CERASOLI, Plaintiff, v. XOMED, INC., a Subsidiary of Xomed Surgical Products, Defendant.

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

January 15, 1997.

Attorney(s) appearing for the Case

Craig L. McGrain, Patrick Tomovic, Hodgson, Russ, Andrews, Woods & Goodyear, Rochester, NY, for plaintiff.

Michael R. Law, Phillips, Lytle, Hitchcock, Blaine & Huber, Rochester, NY, Richard N. Margulies, Karen Ibach Bowden, Mahoney, Adams & Criser, P.A., Jacksonville, FL, for defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, Don A. Cerasoli, commenced this action in New York State Supreme Court, Monroe County, on July 1, 1996. The complaint asserted causes of action for breach of contract, negligent misrepresentation, and intentional misrepresentation by defendants Xomed, Inc., Xomed Surgical Products, and Merocel/Xomed Holding, Inc. (collectively "Xomed") in connection with plaintiff's long-term disability benefits...

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