LAMPKIN et al v. GAPPA et al

Filing 36

ORDER THAT DEFT GAPPA FUEL OIL COMPANY INC.'S MOTION TO DISMISS IS HEREBY GRANTED IN PART & DENIED IN PART, & COUNT ONE OF THE AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE AS TO GAPPA FUEL OIL COMPANY INC. IT IS FURTHER ORDERED THAT GAPPA FUEL OIL COMPANY INC.'S MOTION TO DISMISS DEFT LOUIS P. GAPPA' CROSS-CLAIMS IS HEREBY GRANTED & THE CROSS-CLAIMS ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE LOUIS H. POLLAK ON 3/18/12. 3/21/12 ENTERED AND COPIES E-MAILED.(kw, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MICHELLE LAMPKIN, and LOUIS R.
LAMPKIN, Jr.,

CIVIL ACTION
No. 10-3015

Plaintiffs,
v.
LOUIS A. GAPPA, and GAPPA FUEL
OIL COMPANY, INC.,
Defendants.

ORDER
AND NOW, this 18th day of March, 2012, for the reasons discussed in the
accompanying memorandum, it is hereby ORDERED that defendant Gappa Fuel Oil
Company Inc.’s motion to dismiss (Docket No. 21) is hereby GRANTED IN PART and
DENIED IN PART, and count one of the amended complaint (Docket No. 20) is
DISMISSED with prejudice as to Gappa Fuel Oil Company Inc. It is further
ORDERED that Gappa Fuel Oil Company Inc.’s motion to dismiss defendant Louis P.
Gappa’s cross-claims (Docket No. 23) is hereby GRANTED, and the cross-claims
(Docket No. 22) are DISMISSED with prejudice.
BY THE COURT:

/s/ Louis H. Pollak
Pollak, J.