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MOFFITT v. ICYNENE, INC.

No. 1:04-CV-115.

407 F.Supp.2d 591 (2005)

Elizabeth MOFFITT and Matthew Moffitt, Plaintiffs v. ICYNENE, INC., Nicholas Krywaka, d/b/a Environmental Foam of Vermont, Environmental Foam of Vermont, Inc., Defendants.

United States District Court, D. Vermont.

December 27, 2005.

Attorney(s) appearing for the Case

John Lewis Franco, Jr., Burlington, VT, for Plaintiffs.

Eric Andrew Poehlmann, Downs Rachlin Martin PLLC, Lisa M. Werner, Clark, Long, Werner & Flynn, Burlington, VT, Kevin D. Szczepanski, Sheldon K. Smith, Hodgson Russ LLP, Buffalo, NY, Matthew David Gilmond, Ryan, Smith & Carbine Ltd., Rutland, VT, for Defendants.

ORDER

MURTHA, District Judge.

The Magistrate Judge's Report and Recommendation was filed December 2, 2005 (Paper 85). After de novo review and over objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1).

Defendant Icynene, Inc.'s motion for summary judgment (Doc. 46) is GRANTED as to the implied warranty of fitness for a...

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