Stine L L C v. USA

Filing 43

MEMORANDUM RULING: Before the court are two motions, 14 Motion for Summary Judgment filed by Stine L L C and the 32 Motion for Summary Judgment filed by USA. On 1/21/2015 the heard oral arguments as to the motions; the parties have submitted their summary judgment evidence and fully briefed their arguments. For the reasons set forth above, the 14 Motion for Summary Judgment filed by Stine L L C will be granted and the 32 Motion for Summary Judgment filed by USA will be denied. Although attorney fees were sought by Stine in the prayer, there was no statutory authority mentioned by Stine either in the complaint, the motion, the briefs in support or at oral arguments. The court will enter judgment based upon its opinion on the issues briefed and argued. If Stine wishes to pursue the issue of attorney fees, it may move to reopen for that limited purpose. The court will be guided by the law which may or may not allow attorney fees and which may require the court to deem the claim waived inasmuch as it was not presented beyond mention in the prayer. Signed by Judge James T Trimble, Jr on 1/27/2015. (crt,Putch, A)

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