McSwain v. Air & Liquid Systems Corporation, et al

Filing 294

ORDER denying as moot 225 Motion for Summary Judgment ; granting 291 Motion to Dismiss and the Plaintiffs' claims against Defendant Airgas USA, LLC, are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Martin Reidinger on 05/31/17. (emw)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:15-cv-00130-MR-DLH MINERVA McSWAIN, Individually and as Executrix of the Estate of BUREN EDWARD McSWAIN, ) ) ) ) Plaintiffs, ) ) vs. ) ) AIR & LIQUID SYSTEMS ) CORPORATION, et al., ) ) Defendants. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Defendant Airgas USA, LLC’s Motion for Summary Judgment [Doc. 225] and the parties’ Joint Motion to Dismiss [Doc. 291]. Upon review of the parties’ motion to dismiss, IT IS, THEREFORE ORDERED that the parties’ Joint Motion to Dismiss [Doc. 291] is GRANTED, and the Plaintiffs’ claims against Defendant Airgas USA, LLC, are hereby DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Defendant Airgas USA, LLC’s Motion for Summary Judgment [Doc. 225] is DENIED AS MOOT. IT IS SO ORDERED. Signed: May 31, 2017 2

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