The Northern Assurance Company of America v. BMC Dredge, Inc. et al

Filing 49

ORDER GRANTING in part BMC Dredge, Inc.'s 40 Motion to Dismiss Cross Claim filed by Millard Refrigerated Services, Inc. & DISMISSING said cross claim w/o prejudice as set out. Signed by Chief Judge Callie V. S. Granade on 4/28/09. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION THE NORTHERN ASSURANCE COMPANY, Plaintiff, vs. BMC DREDGE, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 09-0030-CG-M ORDER This matter is before the court on defendant BMC Dredge, Inc.'s motion to dismiss the cross claim filed by Millard Refrigerated Services, Inc. ("Millard"). (Doc. 40) In light of Millard's response (Doc. 47), requesting that its cross-claim against BMC Dredge, Inc. be dismissed without prejudice, the motion to dismiss is GRANTED in part, and said cross-claim is hereby DISMISSED without prejudice. DONE and ORDERED this 28th day of April, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE

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