ATLANTIS PETROLEUM, LLC v. GETTY PETROLEUM MARKETING, INC. et al

Filing 107

ORDER THAT DEFENDANT GETTY PETROEUM MARKETING, INC.'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFF ATLANTIS PETROLEUM, LLC'S SECOND AMENDED COMPLAINT AND GETTY'S COUNTERCLAIMS IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 9/15/11. 9/16/11 ENTERED AND E-MAILED AND FAXED.(jl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ATLANTIS PETROLEUM, LLC v. GETTY PETROLEUM MARKETING, INC., ET AL. : : : : : : CIVIL ACTION NO. 11-2517 ORDER AND NOW, this 15th day of September , 2011, upon consideration of Defendant Getty Petroleum Marketing, Inc.’s Motion for Summary Judgment or, in the Alternative, for Partial Summary Judgment on Plaintiff Atlantis Petroleum, LLC’s Second Amended Complaint and Getty’s Counterclaims (ECF No. 74), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that the Motion is GRANTED in part and DENIED in part: 1. The Motion is DENIED to the extent that there is a genuine issue of material fact as to whether Defendant terminated or suspended the Distributor Agreement on February 17, 2011. 2. In all other respects, the Motion is GRANTED. IT IS SO ORDERED. BY THE COURT: R. BARCLAY SURRICK, J.

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