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  5. 139 F.Supp.2d 428 (2001)
 

CASE v. PAUL TROESTER MASCHINENFABRIK

No. 98-CV-6545L.

139 F.Supp.2d 428 (2001)

George H. CASE, Anna Case, Plaintiffs, v. PAUL TROESTER MASCHINENFABRIK, Troester Machinery, Ltd., Defendants.

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

March 30, 2001.

Attorney(s) appearing for the Case

James Foley, Palmyra, NY, for plaintiffs.

Jonathan B. Fellows, Bond, Schoeneck & King, Syracuse, NY, Arnd N. vonWaldow, Wayne William Ringeisen, Reed Smith Shaw & McClay, LLP, Pittsburgh, PA, for defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

On January 8, 1998, plaintiff George Case ("plaintiff" or "Case"), a sheeter operator at Garlock, Inc., suffered injuries when his right arm became entangled in a Model KD-IT-45/15 calender machine1 that he was operating during the course of his employment. Troester Maschinenbau GmbH & Co. ("TMG"), a German partnership,

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