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ORISKA INS. CO. v. POWER P.E.O., INC.

No. 5:03-CV-01481.

317 F.Supp.2d 161 (2004)

ORISKA INSURANCE COMPANY and U.S. Management, Inc., Plaintiffs, v. The POWER P.E.O., INC., et al., Defendants.

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

April 28, 2004.

Attorney(s) appearing for the Case

Kernan Professional Group, LLP, Leighton R. Burns, Elizabeth Anne Burns, James W. Hyde, IV, of Counsel, Oriskany, NY, Attorneys for Plaintiff Oriska Insurance Co.

Beilis & Pols, P.C., Donald J. Pols, of Counsel, New York City and Albany, NY, Attorneys for Plaintiff U.S. Management, Inc.

Roemer, Wallens Law Firm, Matthew J. Kelly, of Counsel, Albany, NY, Attorney for Defendant Employers.

Fasset, Flint Law Firm, Christopher P. Flint, of Counsel, Albany, NY, Attorney for Defendant Power P.E.O., Inc.

Murray JS Kirshtein, Utica, NY, Attorney for TigerLines, Inc.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Oriska Insurance Company ("Oriska") issued a workers' compensation insurance policy to plaintiff U.S. Management, Inc. ("U.S. Management"), a labor contractor. A subsequent agreement between Oriska and defendant The Power P.E.O., Inc. ("Power"), added Power as an additional insured. Plaintiffs claim, under the Lanham Act, that Power misrepresented...

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