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, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ATLANTIS PETROLEUM, LLC
v.
GETTY PETROLEUM MARKETING,
INC., ET AL.

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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.