Ritchie Grocer Co v. 2 H Inc
Filing 85
JUDGMENT ADOPTING;re 81 Report and Recommendations and granting in part and denying in part 77 Motion to Dismiss for Failure to State a Claim; IT IS HEREBY ORDERED that the Motion for Partial Dismissal filed by Defendants BEPCO, L.P. and BOPCO , L.P. (hereinafter Defendants) and found in the record at Doc. 77 is GRANTED in part and DENIED in part. Specifically Plaintiff's claims for fraud, punitive damages, continuing tort, continuing trespass, civil fruits, unjust enrichment and tho se asserted under Louisiana Civil Code Articles 576, 577, 645, 2317, 2322 and 2688 and those asserted under Article 22 of the Louisiana Mineral Code and Section 324(A) of the Restatement (second) of Torts are DISMISSED with prejudice pursuant to Fed.R. Civ. P. 12(b)(6). In all other respects, Defendants' Motion to Dismiss is DENIED.. Signed by Chief Judge Dee D Drell on 12/30/15. (crt,Tice, Y)
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