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Merrill E. Davis and Jeanne P. Davis v. Cumberland Farms

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 5, 2013

MERRILL E. DAVIS AND JEANNE P. DAVIS, PLAINTIFFS,
v.
CUMBERLAND FARMS, INC., DEFENDANT.
CUMBERLAND FARMS, INC., THIRD-PARTY PLAINTIFF,
v.
NORTHEAST PETROLEUM TECHNOLOGIES, INC., THIRD-PARTY DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Upon further review of the file in this matter, the Court hereby ORDERS that the Court's January 29, 2013 Memorandum-Decision and Order is hereby AMENDED as follows:

DELETE Section "IV. CONCLUSION" in its entirety, including footnote 4; and ADD the following:

IV. CONCLUSION

After carefully reviewing the entire record in this matter, the parties' submissions, and the applicable law, and for the above-stated reasons, the Court hereby

ORDERS that Cumberland's motion for summary judgment is GRANTED; and the Court further

ORDERS that Plaintiff Jeanne Davis' derivative claim is DISMISSED; and the Court further

ORDERS that NPT's motion for judgment on the pleadings is DENIED as moot; and the Court further

ORDERS that Cumberland's third-party complaint against NPT is DISMISSED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment and close this case.

IT IS SO ORDERED.

20130205

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