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KLUMPP v. BANDIT INDUSTRIES, INC.

No. 97-CV-0674C(SC).

113 F.Supp.2d 567 (2000)

Gary R. KLUMPP and Judith M. Klumpp, Plaintiffs, v. BANDIT INDUSTRIES, INC., Asplundh Manufacturing Division, Altech Industries, Inc., Foremost Fabrications, Inc., and Asplundh Tree Expert Company, Defendants. Asplundh Tree Expert Co. and Altec Industries, Inc., Third-Party Plaintiffs, v. Economy Tree Service, Inc., Third-Party Defendants. And Other Third-Party Actions

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

September 12, 2000.

Attorney(s) appearing for the Case

Quinn, McGarry & Caffery (Michael P. Caffery, of Counsel), Buffalo, NY, for Plaintiffs.

Nixon Peabody LLP (John J. Weinholtz, of Counsel), Buffalo, NY, for Defendant Altec Industries, Inc.

DECISION AND ORDER

CURTIN, District Judge.

INTRODUCTION

Currently before this court is defendant Altec Industries' motion for summary judgment. Altec seeks dismissal from plaintiffs' personal injury action. Items 33, 34, 45, 46, 62, and 63. Plaintiffs respond in opposition. Items 36, 37, 50, 51, and 60. Oral argument was held on June 13, 2000.

BACKGROUND

I. Facts

In January of 1987, Asplundh Manufacturing...

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