UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
February 5, 2013
MERRILL E. DAVIS AND JEANNE P. DAVIS, PLAINTIFFS,
CUMBERLAND FARMS, INC., DEFENDANT.
CUMBERLAND FARMS, INC., THIRD-PARTY PLAINTIFF,
NORTHEAST PETROLEUM TECHNOLOGIES, INC., THIRD-PARTY DEFENDANT.
The opinion of the court was delivered by: Scullin, Senior Judge
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:
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.
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