Peterson et al v. Harrah's Operating Company, Inc. et al

Filing 177

ORDER denying 157 Harrah's motion for summary judgment; granting 159 Metro Tile Contractors motion for summary judgment. Signed by District Judge Howard F. Sachs on 09/15/09. (Duer, Tina)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION ALAN PETERSON, et al., Plaintiffs, v. HARRAH'S OPERATING COMPANY, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) )

No. 05-0693-CV-W-HFS

ORDER Concurrently herewith I have granted Hensel Phelps Construction Co. summary judgment on the cross-claim against it by Harrah's. The construction company's summary judgment claim against third party defendant Metro Tile Contractors (Doc. 147) has been denied. Harrah's summary judgment motion to recover against the construction company (Doc. 157) is also DENIED, in light of my ruling in favor of the latter company. The summary judgment claim of Metro Tile Contractors (Doc. 159) is GRANTED, for reasons previously stated. The Clerk is directed to enter final judgment in this case in favor of the cross-claim defendants against Harrah's and in favor of the third party defendant against Hensel Phelps, and to close the case. /s/ Howard F. Sachs HOWARD F. SACHS UNITED STATES DISTRICT JUDGE September 15 , 2009 Kansas City, Missouri