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URENA v. BIRO MFG. CO.

No. 1079, Docket 96-7925.

114 F.3d 359 (1997)

Antonio URENA, Plaintiff-Appellant, v. The BIRO MANUFACTURING COMPANY, now known as Island Leasing Company, Defendant-Third-Party-Plaintiff-Appellee, 564 Grocery, Inc., also known as C-Town Supermarket, Third-Party-Defendant, Devo Food Corporation, doing business as Fine Fare Supermarket, Third-Party-Defendant-Counter-Claimant.

United States Court of Appeals, Second Circuit.

Decided May 23, 1997.

Attorney(s) appearing for the Case

David B. Horowitz, New York City (Nason & Cohen, P.C., of counsel), for Plaintiff-Appellant.

Kenneth Moran, New York City (Frank V. Pesce, Ayers & Thompson; Mark E. Gebauer, McGuire, Woods, Battle & Boothe, Richmond, VA, of counsel), for Defendant-Appellee.

Before OAKES and WINTER, Circuit Judges, and SAND, District Judge.

OAKES, Senior Circuit Judge:

Antonio Urena appeals from a judgment entered June 28, 1996, in the United States District Court for the Southern District of New York, Robert P. Patterson, Judge, dismissing his complaint, following the court's June 26, 1996, grant of The Biro Manufacturing Company's ("Biro") motion for summary judgment. Urena permanently injured the second and third fingers of his left hand while working with a Biro Model 33 meat cutting machine...

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