Chester Engineers, Inc. v. Sideridraulic System S.p.A. et al

Filing 72

ORDER ADOPTING 59 REPORT AND RECOMMENDATIONS re 26 MOTION to Dismiss Thyssenkrupp Steel USA, LLC's Counterclaim and 39 MOTION to Dismiss Thyssenkrupp Steel USA, LLC's Amended Counterclaim filed by Chester Engineers, Inc which recommended that Chester's Motions to Dismiss TKS' Amended Counterclaim be denied as to the negligence claim, wantonness claim, and breach of settlement agreement claim, and granted as to the indemnity claim and the third party beneficiary claim. Signed by Judge Kristi K. DuBose on 4/15/2011. copies to parties. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHESTER ENGINEERS, INC. , Plaintiff, v. SIDERIDRAULIC SYSTEM, S.P.A., and THYSSENKRUPP STEEL USA, L.L.C., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 10-0486-KD-B 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(b)(1)(B) and dated March 29, 2011, is ADOPTED as the opinion of this Court. DONE and ORDERED this the 15th day of April, 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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