Petroleum Enhancer v. Woodward

Filing

OPINION and JUDGMENT filed: The dismissal of Polar Holding's tortious-interference claim as addressed by the district court is AFFIRMED. The dismissals of Polar Holding's breach-of-fiduciary duty claim against Socia and its civil-conspiracy claim against the individual third-party defendants are REVERSED, and the case is REMANDED for further proceedings on the latter two claims, as well as on Polar Holding's tortious-interference claim not addressed below. Decision for publication pursuant to local rule 206. Boyce F. Martin, Jr., Ronald Lee Gilman (AUTHORING), and Helene N. White, Circuit Judges.

Case: 11-1167

Document: 006111397474

Filed: 08/10/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 11-1167

FILED

PETROLEUM ENHANCER, LLC,
Plaintiff - Counterclaim Defendant-Appellee,

Aug 10, 2012
LEONARD GREEN, Clerk

v.
LESTER R. W OODW ARD,
Defendant,
____________________________________________________________________
POLAR MOLECULAR CORPORATION,
Intervenor /Counterclaim/Third-Party Plaintiff,
POLAR MOLECULAR HOLDING CORPORATION,
Intervenor/Counterclaim/Third-Party Plaintiff-Appellant,
AFFILIATED INVESTM ENTS, LLC, RICHARD
SOCIA, CARL HILL, BRUCE BECKER and
A. RICHARD NELSON,
Third-Party Defendants-Appellees.
Before: MARTIN, GILMAN, and W HITE, Circuit Judges.
JUDGM ENT
On Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION W HEREOF, it is ORDERED that the dismissal of Polar Holding’s tortiousinterference claim as addressed by the district court is AFFIRM ED. IT IS FURTHER ORDERED that the
dismissals of Polar Holding’s breach-of-fiduciary duty claim against Socia and its civil-conspiracy claim against
the individual third-party defendants are REVERSED, and the case is REMANDED for further proceedings on the
latter two claims, as well as on Polar Holding’s tortious-interference claim not addressed below.
ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk