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07-811 - AB Mauri Food, Inc. v. Harold et al


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07-811 - AB Mauri Food, Inc. v. Harold et al
March 27, 2008
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ORDER -.....IT IS HEREBY ORDERED that defendants John Harold and Business Logistics' motion to dismiss is denied in part and granted in part. IT IS FURTHER ORDERED that defendant Terry Strang's motion to dismiss is denied in part and granted in part. IT IS FURTHER ORDERED that defendant John Harold and Business Logistics' request for oral argument on their motion to dismiss is denied. re:10 MOTION to Dismiss Case filed by John Harold, Business Logistics, Inc., 13 MOTION to Dismiss Case filed by Terry Strang, 37 First MOTION for Hearing re 10 MOTION to Dismiss Case filed by John Harold, Business Logistics, Inc.. Signed by Honorable Donald J. Stohr on 3/27/2008. (MRC)
March 27, 2008
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JUDGMENT - IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Counts I and II of plaintiff's petition are dismissed pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Counts III and IV of plaintiff's petition are dismissed without prejudice because the Court declines to exercise supplemental jurisdiction over them pursuant to 28 USC 1367(c)(3).. Signed by Honorable Donald J. Stohr on 3/27/2008. (MRC)