IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
November 20, 2009
WARFIELD PHILADELPHIA L.P.
NAT'L PASSENGER R.R. CORP., ET AL.
The opinion of the court was delivered by: Stewart Dalzell
AND NOW, this 20th day of November, 2009, upon consideration of the motion to dismiss of U.S. Equities Realty, Inc. ("USER") (docket entry # 18), the motion to dismiss of National Passenger Railroad Corp. ("Amtrak") (docket entry # 19), the plaintiff's response to both motions (docket entry # 20), Amtrak's reply brief (docket entry # 24), and USER's reply brief (docket entry # 26), and in accordance with the accompanying Memorandum, it is hereby ORDERED that:
1. USER's motion to dismiss Count IV is GRANTED AS UNOPPOSED as to USER;
2. Amtrak's motion to dismiss Count V is GRANTED AS UNOPPOSED;
3. USER's motion to dismiss the remaining claim against it (docket entry # 18) is GRANTED;
4. Amtrak's motion to dismiss the remaining claims against it (docket entry # 19) is GRANTED;
5. All of the claims in the first amended complaint are DISMISSED; and
6. The Clerk of Court shall CLOSE this case statistically.
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