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KLINE v. E.I. DuPONT DE NEMOURS & CO., INC.

No. 97-CV-0290A.

15 F.Supp.2d 299 (1998)

Ray W. KLINE and Dorothy M. Kline, his spouse Plaintiffs, v. E.I. DuPONT DE NEMOURS & CO., INC., et al. Defendants. E.I. DuPONT DE NEMOURS AND COMPANY and Allied-Signal, Inc., Defendants and Third-Party Plaintiffs, v. THE GOODYEAR TIRE & RUBBER COMPANY, Third-Party Defendant. CHEMFIRST INC., successor-in-interest to First Chemical Corporation and First Mississippi Corporation, and First Mississippi Corporation and First Chemical Corporation, Defendants and Third-Party Plaintiffs, v. THE GOODYEAR TIRE & RUBBER COMPANY, Third-Party Defendant.

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

July 16, 1998.

Attorney(s) appearing for the Case

Steven H. Wodka, Little Silver, NJ, Lipsitz & Ponterio, LLC (John N. Lipsitz, of counsel), Buffalo, NY, for Ray W. Kline and Dorothy M. Kline.

Phillips, Lytle, Hitchcock, Blaine & Huber (Paul F. Jones, of counsel), Buffalo, NY, for E.I. DuPont De Nemours & Co., Inc. and Allied-Signal, Inc.

Gibson, McAskill & Crosby (David W. Kloss, of counsel), Buffalo, NY, for ChemFirst Inc., First Mississippi Corp., and First Chemical Corp.

Volgenau & Bosse (Diane F. Bosse, Norman E.S. Greene, of counsel), Buffalo, NY, for Goodyear Tire & Rubber Co.

DECISION AND ORDER

ARCARA, District Judge.

INTRODUCTION

This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1) on June 24, 1997. On August 18, 1997, third-party defendant The Goodyear Tire & Rubber Company filed a motion for judgment on the pleadings or for summary judgment. On March 17, 1998, Magistrate Judge Foschio filed a Report and Recommendation, recommending that third party defendant...

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