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IN RE METHYL TERTIARY BUTYL ETHER

September 24, 2004.

In re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation. This Document Relates to: All Cases.


The opinion of the court was delivered by: SHIRA SCHEINDLIN, District Judge

OPINION AND ORDER

AGREED RULE 41(A)(2) ORDER TO DISMISS CROSS-CLAIM OF GO-MART, INC. AGAINST DEFENDANT J.C. BAKER & SON, INC.
Pursuant to Federal Rule of Civil Procedure 41(a)(2), this day come Defendant, J.C. Baker & Son, Inc., by its counsel, John R. McGhee, Jr. and Kay Casto & Chaney PLLC, and the Defendant. Go-Mart, Inc., by its counsel, James R. Snyder and Jackson Kelly PLLC, and respectfully request that the Court enter this dismissal of the Cross-Claim of Go-Mart, Inc. against Defendant J.C. Baker & Son, Inc. The parties agree that such dismissal is without prejudice, with each party to bear its own cost. The claims of Defendant Go-Mart, Inc. against the remaining parties remain unaffected.

  Upon consideration thereof, and it appearing to the Court proper to do so, it is hereby ORDERED that the cross-claim of Go-Mart, Inc. against J.C. Baker & Son, Inc. in this civil action is hereby dismissed without prejudice.

20040924

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