HAINES & KIBBLEHOUSE, INC. v. BALFOUR BEATTY CONSTRUCTION, INC.

Filing 41

ORDER THAT DEFT'S MOTION TO DISMISS IS GRANTED; PLFF'S COMPLAINT IS DISMISSED WITH PREJUDICE; & THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 6/1/11. 6/1/11 ENTERED AND COPIES E-MAILED.(kw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HAINES & KIBBLEHOUSE, INC. v. BALFOUR BEATTY CONSTRUCTION, INC. : : : : : : CIVIL ACTION NO. 08-5505 ORDER AND NOW, this 1st day of June, 2011, upon consideration of defendant’s amended motion to dismiss (docket entry # 29), plaintiff’s response thereto (docket entry # 32), and defendant’s reply (docket entry # 35), and each brief’s exhibits, and in accordance with the accompanying Memorandum, it is hereby ORDERED that: 1. Defendant’s motion to dismiss (docket entry # 29) is GRANTED; 2. Plaintiff’s complaint is DISMISSED WITH PREJUDICE; and 3. The Clerk of Court shall CLOSE this case statistically. BY THE COURT: __\s\Stewart Dalzell 2

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