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CARY OIL CO. v. MG REFINING & MARKETING

99 Civ. 1725(VM).

230 F.Supp.2d 439 (2002)

CARY OIL CO., INC., et al., Plaintiffs, v. MG REFINING & MARKETING, INC., et al., Defendants.

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

Order Denying Reconsideration October 31, 2002.

Attorney(s) appearing for the Case

Richard G. Tashjian, Tashjian & Padian, Jerome K. Walsh, Lane & Mittendorf L.L.P., New York City, for plaintiffs.

Robert B. Bernstein, Kaye, Scholer, Fierman, Hays & Handler, L.L.P., Jeffrey Barist, Milbank, Tweed, Hadley & McCloy L.L.P., New York City, for defendants.

DECISION AND ORDER

MARRERO, District Judge.

Before the Court is a Report and Recommendation (the "Report") issued by Magistrate Judge Douglas F. Eaton recommending that: (1) the Court grant a motion by defendants Metallgesellschaft Refining and Marketing, Inc. ("MGRM"), Metallgesellschaft Corporation ("MG Corp.") and Metallgesellschaft AG ("MGAG") (collectively the "Defendants") for summary judgment dismissing the

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