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EBERL v. FMC CORPORATION

No. 09-CV-703S.

872 F.Supp.2d 250 (2012)

Gerard EBERL and Jeanne Eberl, Plaintiffs, v. FMC CORPORATION, Defendant. FMC Corporation, Third-Party Plaintiff, v. John W. Danforth Co., Inc., Third-Party Defendant.

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

May 23, 2012.

Attorney(s) appearing for the Case

Brian Robert Hogan , Catherine Mary Beltz , Craig R. Watson , Paul William Beltz, P.C., Buffalo, NY, for Plaintiffs.

Francis F. Quinn , Lavin, O'Neil, Ricci, Cedrone & Disipio, New York, NY, Hugh M. Russ, III , Buffalo, NY, for Defendant.

Robert D. Leary , Buffalo, NY, for Third-Party Plaintiff.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Plaintiffs commenced this action seeking damages for injuries sustained by Plaintiff Gerard Eberl ("Plaintiff"1) while working at a chemical plant owned by Defendant/Third-Party Plaintiff FMC Corporation. FMC Corporation filed a third-party action against Plaintiff's employer, John W. Danforth Co., Inc., seeking contractual indemnification for any damages...

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