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PALMER FOUNDRY, INC. v. DELTA-HA, INC.

No. CIV.A.02-30003-MAP.

319 F.Supp.2d 110 (2004)

PALMER FOUNDRY, INC., Plaintiff v. DELTA-HA, INC., et al, Defendants

United States District Court, D. Massachusetts.

May 19, 2004.

Attorney(s) appearing for the Case

Christine K. Tramontana, Roy P. Giarrusso, Giarrusso, Norton, Cooley & McGlone, Qunicy, MA, Elliott R. Feldman, Miles A. Jellinek, William N. Clark, Jr., Cozen & O'Connor, Philadelphia, PA, for Plaintiff and Cross Claimant.

Steven K. Gerber, Cozen & O'Connor, Philadelphia, PA, for Plaintiff.

Christopher W. Costello, Mark B. Lavoie, Timothy J. van der Veen, McDonough, Hacking, Neumeier & Lavoie LLP, Boston, MA, for Defendant and Cross Defendant.

ORDER RE: RULE 16 MOTION OF DEFENDANT DELTA-HA, INC.

(Docket No. 43)

PONSOR, District Judge.

On February 11, 2001 a catastrophic fire occurred at plaintiff's premises, allegedly caused by the improper handling and disposal of alkyd resin, a chemical manufactured by defendant Delta-HA, Inc.1 Plaintiff alleges that defendant negligently failed to identify the resin as an "oxidizer" on the label, as required by...

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