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  5. 485 F.Supp.2d 121 (2007)
 

ROGERS v. WESTFALIA ASSOCIATED TECHNOLOGIES, INC.

Nos. 1:01-CV-352 (lead), 1:02-CV-1023 (member) (GLS/RFT).

485 F.Supp.2d 121 (2007)

Ronald ROGERS and Lisa A. Roles Rogers, Plaintiffs, v. WESTFALIA ASSOCIATED TECHNOLOGIES, INCORPORATED; Portec, Inc., Defendants. Westfalia Associated Technologies, Incorporated, Third-Party Plaintiff, v. Portec, Inc. and Probec, Inc., Third-Party Defendants. Probec, Inc., Third-Party Plaintiff, v. Mill Technology, Inc., Third-Party Defendant.

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

April 30, 2007.

Attorney(s) appearing for the Case

Cade, Saunders Law Firm, William J. Cade, Esq., of counsel, Albany, NY, for Plaintiffs.

Eustace, Marquez Law Firm, John R. Marquez, Esq., of counsel, White Plains, NY, for Westfalia Associated Technologies, Inc.

Carter, Conboy Law Firm, Edward D. Laird, Jr., Esq., of counsel, Albany, NY, for Portec, Inc.

Pino and Associates, Rudolph V. Pino, Jr., Esq., of counsel, White Plains, NY, for Probec, Inc.

Degraff, Foy Law Firm, Terrence J. Devine, Esq., of counsel, Albany, NY, for Mill Technology, Inc.

MEMORANDUM-DECISION AND ORDER

SHARPE, District Judge.

I. Introduction

After falling nine feet to the ground while performing service on a stationary conveyor system, Ronald Rogers and hi wife, Lisa Rogers, allege that Westfalia Associated Technologies, Inc. and Portec Inc. negligently designed the conveyor belt system at the Agway Feed Mill located in Guilderland, New York.3 The remainder o the parties...

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