Castone Corporation v. Advanced Cast Stone, Inc. et al
Filing
128
FINAL JUDGMENT in favor of Advanced Cast Stone, Inc. against Addison Construction, COM ADD JV, and Commercial Contracting Corporation in the amount of $68,486.00 in damages. Ordered that all claims by COM ADD JV against Advanced Cast Stone, Inc. are dismissed with prejudice; and Ordered that in accordance with the prior rulings, Orders, and Stipulations, entered in this case, all other claims by all other parties are dismissed. Signed by District Judge Halil S. Ozerden on 3/16/12 (RLW)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
CASTONE CORPORATION
v.
ADVANCED CAST STONE, INC., et al.
ADVANCED CAST STONE, INC.
v.
ADDISON CONSTRUCTION, et al.
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PLAINTIFF
Civil No. 1:10CV287-HSO-JMR
DEFENDANTS
CROSS-CLAIMANT/
CROSS-DEFENDANT
CROSS-DEFENDANTS/
CROSS-CLAIMANTS
FINAL JUDGMENT
The cross-claim of Advanced Cast Stone, Inc., against Addison Construction,
COM ADD JV, and Commercial Contracting Corporation, and the cross-claim of
COM ADD JV against Advanced Cast Stone, Inc., having come on for trial before
the Court and a jury beginning on the 12th day of March, 2012, and concluding on
the 16th day of March, 2012, Honorable Halil Suleyman Ozerden, United States
District Judge, presiding, and the issues having been duly tried, and the jury
having heard all of the evidence and argument of counsel and receiving instructions
of the Court, including a Special Verdict Form, having retired to consider their
verdict, returned upon their oaths, into open Court, the following unanimous
verdict, to wit:
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Question Number One:
Do you find by a preponderance of the evidence that Defendants
Addison Construction, COM ADD JV, and Commercial
Contracting Corporation breached the contract with Plaintiff
Advanced Cast Stone, Inc.?
Please answer yes or no:
___Yes____
Question Number Two:
What amount of money, if any, do you find by a preponderance of
the evidence would adequately compensate Plaintiff Advanced
Cast Stone, Inc., for its damages, if any?
Answer in dollars and cents, if any, or answer “none.”
$68,486.00
Question Number Three:
Do you find by a preponderance of the evidence that Plaintiff
Advanced Cast Stone, Inc., breached its contract with Defendant
COM ADD JV?
Please answer yes or no:
____No____
Question Number Four:
Do you find by a preponderance of the evidence that Plaintiff
Advanced Cast Stone, Inc., breached the implied duty of good faith
and fair dealing owed to Defendant COM ADD JV, with respect to
the contract at issue here?
Please answer yes or no:
____No____
IT IS, THEREFORE, ORDERED AND ADJUDGED, that Advanced Cast
Stone, Inc., shall recover a Judgment from Addison Construction, COM ADD JV,
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and Commercial Contracting Corporation in the total amount of $68,486.00 in
damages.
IT IS, FURTHER, ORDERED AND ADJUDGED, that all claims by COM
ADD JV against Advanced Cast Stone, Inc., are hereby DISMISSED WITH
PREJUDICE.
IT IS, FURTHER, ORDERED AND ADJUDGED, that in accordance with
the prior rulings, Orders, and Stipulations, entered in this cause, all other claims by
all other parties are hereby DISMISSED.
SO ORDERED AND ADJUDGED, this the 16th day of March, 2012.
s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE
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