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McCracken v. Exxon/Mobil Co.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


November 16, 2009

TED A. MCCRACKEN PLAINTIFF,
v.
EXXON/MOBIL COMPANY ET AL. DEFENDANTS.

The opinion of the court was delivered by: Mitchell S. Goldberg, J.

ORDER

AND NOW, this 16th day of November, 2009, upon consideration of Defendants' Motions to Dismiss (doc. nos. 7, 8, 12, 16, 55) and Plaintiff's responses thereto, it is ORDERED that said motions are GRANTED. For the reasons set forth in the attached Opinion, the unserved Complaints filed against Texaco and Hess Oil Company are also dismissed; however the claims against Texaco and Hess Oil Company alleging breach of warranty of merchantability are dismissed without prejudice.

It is further ORDERED that Plaintiff's four Motions for Leave to File an Amended Complaint (doc. nos. 29, 41, 44, 48) are DENIED andDefendants' Motions for Leave to File Reply Briefs in Support of Motions to Dismiss (doc. nos. 37, 38, 45) are DENIED as MOOT.

The Clerk's Office is ORDERED to mark this case closed.

20091116

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