Ash Grove Cement Company v. MMR Constructors, Inc. et al
ORDER granting 229 Motion to Dismiss Partybu MMR as to third-party claims; Summit Electric Supply Company, Inc. and Teton Industrial Construction, Inc. are dismissed without prejudice. Signed by Honorable Susan O. Hickey on August 14, 2012. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
ASH GROVE CEMENT COMPANY
CASE NO. 4:10-CV-04069
MMR CONSTRUCTORS, INC.
MICHAEL COMSTOCK; MICHAEL
BOWLING; DAVID HUGHES;
CONTRACTOR SALES & RENTALS
OF TEXARKANA, LLC; ALTON LOWREY;
SUMMIT ELECTRIC SUPPLY COMPANY, INC.;
and TETON INDUSTRIAL CONSTRUCTION, INC.
Before the Court is Defendant/Counter Plaintiff MMR Constructors, Inc.’s (“MMR”)
Motion to Voluntarily Dismiss. (ECF No. 229). MMR moves to dismiss without prejudice ThirdParty Defendants Summit Electric Supply Company, Inc. (“Summit”) and Teton Industrial
Construction, Inc. (“Teton”). MMR contends that the Court’s recent summary judgment order
(ECF No. 227) nullified MMR’s claims against Summit and Teton.
Upon consideration, the Court finds that MMR has shown good cause for the motion.
Accordingly, MMR’s Motion to Dismiss (ECF No. 229) should be and hereby is GRANTED.
MMR’s third-party claims against Summit and Teton are hereby DISMISSED WITHOUT
PREJUDICE. Fed. R. Civ. P. 41(a)(2).
IT IS SO ORDERED, this 14th day of August, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge
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