No. 07-CV-0670A(F).

611 F.Supp.2d 318 (2009)

PRAXAIR, INC., Plaintiff, v. GENERAL INSULATION COMPANY, D & N Insulation Company, a division of Petco Insulation Co., Inc., and Specialty Construction Brands Inc., Defendants. General Insulation Company, Cross Claimant, v. Specialty Construction Brands, Inc., and D & N Insulation Company, a Division of Petco Insulation Co., Inc., Cross Defendants. D & N Insulation Company, a Division of Petco Insulation Co., Inc., Cross Claimant, v. General Insulation Company, and Specialty Construction Brands, Inc., Cross Defendants.

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

April 29, 2009.

Attorney(s) appearing for the Case

Schroder, Joseph & Associates, LLP, Buffalo, NY (Linda H. Joseph, of Counsel), for Plaintiff.

Law Offices of Laurie G. Ogden, Buffalo, NY (Daniel John Caffrey, of Counsel), for Defendant General Insulation Co.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo, NY (Lisa A. Coppola, of Counsel), for Defendant D & N Insulation Co.

Bowman & .Brooke LLP, Minneapolis, MN (Richard G. Morgan, and Ryan L. Nilsen, of Counsel), Goldberg Segalla LLP, Buffalo, NY (Joseph J. Welter, of Counsel), for Defendant Specialty Construction Brands, Inc.



The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On March 30, 2009, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant Specialty Construction Brands, Inc.'s ("SCB") motion to dismiss the Second Amended Complaint be granted as to the Lanham Act claim and, otherwise be denied in part; SCB's motion to dismiss the...

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