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

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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