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BARNA v. MORGAN

No. 1:01-CV-1089.

341 F.Supp.2d 164 (2004)

John BARNA, Plaintiff, v. Steven MORGAN, Supervisor; James Fedoreshenko, Assistant Manager; Kathy Hanolan, Human Resources; Theodore T. Turner, Production Supervisor; Engine Systems Company, Inc.; Motivepower USA, Inc.; Wabtec Engine Systems Company, Defendants.

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

October 1, 2004.

Attorney(s) appearing for the Case

Oliver, Oliver Law Firm, Attorneys for Plaintiff, Albany, NY, Lewis B. Oliver, Jr., Esq.

Harter Secrest & Emery LLP, Attorneys for Defendants Morgan, Fedoreshenko, Hanolan, and Tumer, Rochester, NY, Maureen T. Alston, Esq.

MacDonald, Illig, Jones & Britton LLP, Attorneys for Defendants Morgan, Fedoreshenko, Hanolan, and Tumer, Erie, PA, Roger H. Taft, Esq.

Michael T. Wallender, Esq., Attorney for Defendants Engine Systems, Motive Power USA and Wabtec Engine Systems, Albany, NY, of Counsel.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff John Barna ("Barna") brought suit against his former employer and four individuals employed by the same company at the time of the events giving rise to the action. He was employed by Engine Systems Co., Inc. ("ESCI"), which is related to defendant Motive Power USA, Inc., and defendant Wabtec Engine Systems Company

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