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GWYNN v. CLUBINE

Nos. 02-CV-073A, 02-CV-557A.

302 F.Supp.2d 151 (2004)

David GWYNN, Plaintiff, v. William CLUBINE, John Clubine, Michael Brunet, Kirk Hochrein, and Elio Scarponi, Defendants. William Clubine, John Clubine, Michael Brunet, Kirk Hochrein, and Elio Scarpone, Plaintiffs, v. David Gwynn, Defendant.

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

January 26, 2004.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Alan J. Bozer and Kiseok Moon, of Counsel, Buffalo, NY, for Plaintiff/Defendant.

Chicchia & Fleming, LLP, Hamburg, NY (Andrew P. Fleming, of Counsel), Kilgore & Kilgore, Dallas, TX (John H. Crouch, IV and Theodore C. Anderson, of Counsel), for Defendants/Plaintiffs.

ORDER

ARCARA, District Judge.

The above-referenced cases were referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B), on March 8, 2002 and September 20, 2002, respectively. On December 24, 2003, Magistrate Judge Foschio filed a Report and Recommendation, recommending that plaintiff Gwynn's petition to vacate the arbitration award should be denied, that claimants' petition to confirm the arbitration award should be granted...

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