PRO-SPEC CORPORATION v. CHESTER WATER AUTHORITY et al

Filing 72

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, PLAINTIFF'S RESPONSE, DN TANKS' REPLY AND FOR REASONS IN THE ACCOMPANYING MEMORANDUM IS GRANTED IN PART AND DENIED IN PART AS OUTLINE. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/28/17. 6/28/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PRO-SPEC CORPORATION vs. CIVIL ACTION N0.16-4728 CHESTER WATER AUTHORITY, et al. ORDER AND NOW, this 281h day of June 2017, upon consideration of Defendant DN Tanks' Motion for summary judgment (ECF Doc. No. 53), Plaintiffs Response (ECF Doc. No. 62), DN Tanks' Reply (ECF Doc. No. 65) and for reasons in the accompanying Memorandum, it is ORDERED Defendant DN Tanks' Motion (ECF Doc. No. 53) is GRANTED in part and DENIED in part: 1. We grant DN Tanks' Motion as to Plaintiffs civil conspiracy claim and breach of contract claim against it and dismiss DN Tanks' set-off claim as moot; and, 2. We deny DN Tanks' Motion as to its breach of contract claim against Plaintiff.

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