Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Filing 2051

MEMORANDUM AND ORDER. (see order for details) After considering the parties' briefs and oral arguments, the Court finds there are genuine issues of material fact as to the issues presented.IT IS HEREBY ORDERED that American Stock Transfer and Trust Company, LLC's Motion for Summary Judgment [ECF No. 1740 ] is DENIED. Signed by District Judge E. Richard Webber on 12/22/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JO ANN HOWARD &
ASSOCIATES, P.C., et al.,
Plaintiffs,
vs.
J. DOUGLAS CASSITY, et al.,
Defendants.

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Case No. 4:09CV01252 ERW

MEMORANDUM AND ORDER
This matter comes before the court upon “Motion for Summary Judgment by Defendant
American Stock Transfer and Trust Company, LLC” [ECF No. 1740].
After considering the parties’ briefs and oral arguments, the Court finds there are genuine
issues of material fact as to the issues presented. “Questions of proximate cause are for the
jury.” Beeman v. Manville Corp. Asbestos Disease Compensation Fund, 496 N.W.2d 247, 254
(Iowa 1993).
Accordingly,
IT IS HEREBY ORDERED that American Stock Transfer and Trust Company, LLC’s
Motion for Summary Judgment [ECF No. 1740] is DENIED.
So Ordered this 22nd Day of December, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE