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AGRI-MARK, INC. v. NIRO, INC.

No. CIV.A. 99-30120-KPN.

214 F.Supp.2d 33 (2002)

AGRI-MARK, INC. and The Travelers Indemnity Company, Plaintiffs, v. NIRO, INC., Defendant.

United States District Court, D. Massachusetts.

February 1, 2002.

Attorney(s) appearing for the Case

Sean P. Carter, A. Richard Bailey, Martin P. Duffey, Cozen and O'Connor, Philadelphia, PA, Stuart G. Blackburn, Blackburn & Sistare, Springfield, MA, Justin B. Wineburgh, Elaine M. Rinaldi, Cozen and O'Connor, Philadelphia, PA, for Plaintiff.

Michael S. Appel, Sugarman, Rogers, Barshak & Cohen, Boston, MA, Philip J. Callan, Jr., Michael K. Callan, Doherty, Wallace, Pillsbury & Murphy, Springfield, MA, for Defendant.

MEMORANDUM AND ORDER WITH REGARD TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Docket No. 65) and DEFENDANT'S MOTION TO EXCLUDE EXPERT TESTIMONY AND FOR SUMMARY JUDGMENT (Docket No. 69)

NEIMAN, United States Magistrate Judge.

This action arises out of two failures of an industrial milk evaporator owned and operated by Agri-Mark, Inc. ("Agri-Mark"). Agri-Mark and its subrogee, The Travelers Indemnity Company ("Travelers") (collectively "Plaintiffs")...

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