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AUTOMOBILE INS. CO. OF HARTFORD v. MURRAY, INC.

No. 04-CV-770.

571 F.Supp.2d 408 (2008)

AUTOMOBILE INSURANCE COMPANY OF HARTFORD CONNECTICUT, a wholly owned subsidiary of the St. Paul Travelers Companies, Inc., Plaintiff, v. MURRAY, INC., and The Scotts Company, Defendants.

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

August 14, 2008.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Hugh M. Russ, III, Stephen W. Kelkenberg, of Counsel, Buffalo, NY, for Plaintiff.

Kenney, Shelton, Liptak & Nowak, LLP, Brian Arthur MacDonald, of Counsel, Buffalo, NY, for Defendants.

ORDER

RICHARD J. ARCARA, Chief Judge.

This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1), on October 25, 2004. On January 3, 2007, the defendant, The Scotts Company ("Scotts"), filed a motion for summary judgment. On June 24, 2008, Magistrate Judge Foschio filed a Report and Recommendation, recommending that Scotts' motion for summary judgment directed to plaintiffs First, Second, Third and Fifth Causes of...

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