BECK v. ROPER WHITNEY, INC.

No. 99-CV-598C(H).

190 F.Supp.2d 524 (2001)

David BECK and Sandra Beck, Plaintiffs, v. ROPER WHITNEY, INC., and Roper Whitney of Rockford, Inc., a/k/a Roper Whitney Co., Met-Coil-RWC, Inc., Roper Industries, Inc., Forest Industries, Inc., c/o Henry B. Lake and Roper Industries, Inc., c/o Prentice Hall Corporate Systems, All as successors in interest to Roper Whitney, Inc., Defendants.

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

September 27, 2001.


Attorney(s) appearing for the Case

Gerard A. Strauss, Hamburg, New York, for Plaintiffs.

Damon & Morey LLP (Thomas J. Drury, Esq., of Counsel), Buffalo, New York, for Defendants Roper Whitney, Inc., Roper Properties, Inc., and Roper Industries, Inc., c/o Prentice Hall Corporate Systems.

Phillips, Lytle, Hitchcock, Blaine & Huber LLP (Paul P. Zuydhoek, Esq., of Counsel), Buffalo, New York, for Defendant Roper Whitney of Rockford, Inc.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP (Rosario M. Vignali, Esq., of Counsel), New York, New York, for Defendant Met-Coil-RWC, Inc.


BACKGROUND

CURTIN, District Judge.

Presently before the court are cross-motions by the plaintiffs and two of the defendants for summary judgment on the issue of successor liability, as well as plaintiffs' motion to amend.

On April 23, 1999, plaintiff David Beck filed an action in New York State Supreme Court, Erie County, against Roper Whitney, Inc.; and against Roper Whitney of Rockford, Inc., a/k/a Roper Whitney Co.; Met-Coil-RWC, Inc.; Roper Properties...

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