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05-811 - BURNSWORTH, et al v. PC LABORATORY, et al


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05-811 - BURNSWORTH, et al v. PC LABORATORY, et al
September 19, 2008
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MEMORANDUM OPINION denying 44 Motion for Summary Judgment; granting in part and denying in part 47 Motion for Summary Judgment; denying 52 Motion for Summary Judgment; denying 69 Motion for Summary Judgment. As set forth more fully in the memorandum opinion, defendants Pennsylvania State Police and Trooper Daniel Ekis' motion for summary judgment is granted with respect to count II of plaintiffs' complaint. Defendants Pennsylvania State Police, Ekis, Greene County Memorial Hospital, and PC Laboratory's motions for summary judgment are denied without prejudice as to counts I, III, IV, and V of plaintiffs' complaint insofar as they are based upon claims arising under Pennsylvania law. Plaintiffs' cross-motion for summary judgment is denied with prejudice with respect to count II of their complaint, and is denied without prejudice as to the remaining counts insofar as they are based upon claims arising under Pennsylvania law. Signed by Judge Joy Flowers Conti on 9/19/2008. (bjk)