Shawnee Terminal Railroad Co., Inc. v. J.E. Estes Wood Co., Inc. et al

Filing 78

ORDER ADOPTING 76 REPORT AND RECOMMENDATIONS re 67 MOTION to Dismiss Count One of Plaintiffs First Amended Complaint filed by J.E. Estes Wood Co., Inc.. It is ordered that the Defendant J.E. Estes Wood Co. Inc.'s Motion to Dismiss Count One (Doc. 67) is GRANTED and that Count One of the Plaintiff's Complaint is DISMISSED. Signed by Judge Kristi K. DuBose on 2/25/2011. Copies to parties. (sdb)

Shawnee Terminal Railroad Co., Inc. v. J.E. Estes Wood Co., Inc. et al

Doc. 78

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SHAWNEE TERMINAL RAILROAD CO., INC., Plaintiff, v. J.E. ESTES WOOD CO., INC., et al., Defendants. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09-0113-KD-N

ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. ' 636 and dated February 8, 2011 is hereby ADOPTED as the opinion of this Court. It is ORDERED that the Defendant J.E. Estes Wood Co. Inc.'s Motion to Dismiss Count One (Doc. 67) is GRANTED and that Count One of the Plaintiff's Complaint is DISMISSED. DONE and ORDERED this the 25th day of February 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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