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COLOMBO v. CMI CORP.

No. 96-CV-6028L.

26 F.Supp.2d 574 (1998)

Valentine COLOMBO and Margaret Colombo, Plaintiffs, v. CMI CORPORATION, Defendant.

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

November 16, 1998.

Attorney(s) appearing for the Case

Matthew F. Belanger, Faraci, Lange, Johns, Regan & Schwarz, LLP, Rochester, NY, for Valentine Colombo, Margaret Colombo, plaintiffs.

Neil A. Goldberg, Saperston & Day, P.C., Buffalo, NY, Scott R. Jennette, Saperston & Day, P.C., Rochester, NY, Cary E. Hiltgen, Alvin R. Wright, Michael D. Denton, Cary E. Hiltgen & Associates, Oklahoma City, OK, for CMI Corporation, defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

Defendant CMI Corporation ("defendant" or "CMI") moves to exclude the testimony of Dr. Igor Paul, an expert retained by plaintiffs Valentine and Margaret Colombo ("plaintiffs"). Plaintiff, Valentine Colombo, suffered serious injuries in the course of his employment while working with a piece of road construction equipment called a pavement profiler. Dr. Paul is expected to give testimony and opinions concerning...

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