B & H Construction Inc v. Burke

Filing 28

ORDER granting 18 Burke's Motion to Voluntarily Dismiss Count I and Count III of the Counterclaim without prejudice; Count II remains. Signed by Judge Susan Webber Wright on 10/17/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION B&H CONSTRUCTION, INC. Plaintiff V. JACKIE A. BURKE Defendant * * * * * * * * * NO: 4:11CV00075 SWW JACKIE A. BURKE Counter Claimant V. B&H CONSTRUCTION, INC. Counter Defendant * * * * * * * * * * ORDER Before the Court is Defendant-Counter Claimant Jackie A. Burke’s motion to voluntarily dismiss Count I and Count III of his Counterclaim. Burke states that he intends to proceed only with Count II of his Counterclaim, a breach of contract claim. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the motion (docket entry #18) is GRANTED. Counts I and III of the Counterclaim are DISMISSED WITHOUT PREJUDICE, and Count II remains. IT IS SO ORDERED THIS 17TH DAY OF OCTOBER, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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