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07-2310 - GENERAL ELECTRIC CAPITAL CORPORATION v. SHELLER, LUDWIG&SHELLER, P.C.


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07-2310 - GENERAL ELECTRIC CAPITAL CORPORATION v. SHELLER, LUDWIG&SHELLER, P.C.
June 9, 2008
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MEMORANDUM AND ORDER THAT EQUITRAC'S MOTION IS GRANTED AS TO THE BREACH OF CONTRACT AND FRAUDULENT MISREPRESENTATION CLAIMS ARE DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND. SHELLER HAS TWENTY (20) DAYS TO FILE AN AMENDED THIRD-PARTY COMPLAINT IN ACCORDANCE WITH THE ACCOMPANYING MEMORANDUM. THIRD-PARTY PLAINTIFF'S MOTION IS DENIED AS TO SHELLER'S UNJUST ENRICHMENT CLAIM IN COUNT II OF THE THIRD-PARTY COMPLAINT. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 6/9/08. 6/9/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc)