Dole Air, Inc. v. Texarkana, Arkansas, City of et al
JUDGMENT granting 20 Motion for Partial Summary Judgment in favor of Texarkana Airport Authority, Steven Luebbert. The Plaintiff's Complaint is dismissed with prejudice. The Defendants' Counterclaim is dismissed without prejudice. Signed by Honorable Susan O. Hickey on April 11, 2012. (cap)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
DOLE AIR, INC.
CASE NO.: 4:10-CV-04147-SOH
CITY OF TEXARKANA, ARKANSAS;
HORACE SHIPP, Individually and in His
Official Capacity as Mayor of Texarkana,
Arkansas; TEXARKANA AIRPORT
AUTHORITY; STEVEN LUEBBERT,
Individually and in His Official Capacity as
Director of the Texarkana Airport Authority
Pending is a Motion for Partial Summary Judgment filed by Defendants City of Texarkana,
Arkansas; Horace Shipp, individually and in his official capacity as Mayor of Texarkana,
Arkansas1; Texarkana Airport Authority; and Steven Luebbert, individually and in his official
capacity as Director of the Texarkana Airport Authority (Defendants). (ECF No. 20). The Plaintiff
has responded in opposition (ECF No. 25), and the Defendants have replied (ECF No. 27). For the
reasons discussed in the Memorandum Opinion of even date, the Motion should be and hereby is
GRANTED. The Plaintiff’s Complaint (ECF No. 6) is DISMISSED WITH PREJUDICE. The
Defendants’ Counterclaim (ECF No. 7) is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 11th day of April, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge
The Plaintiff separately moved to dismiss Horace Shipp and the City of Texarkana, Arkansas from the case (ECF No.
23), and the Court granted that motion. (ECF No. 31). Horace Shipp and the City of Texarkana, Arkansas are therefore
no longer parties in this case.
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