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Leone v. Cataldo

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


October 5, 2010

ERNESTO LEONE, ANGELO DUVA PLAINTIFFS,
v.
ANTHONY CATALDO, DEFENDANT.

The opinion of the court was delivered by: Anita B. Brody, J.

ORDER

AND NOW, this _5th__ day of October 2010, it is ORDERED that Defendant's Motion for Summary Judgment as to Plaintiffs' Second Amended Complaint (Doc. 89) is GRANTED IN PART and DENIED IN PART as follows:

* Defendant's Motion for Summary Judgment (Doc. 89) is GRANTED as to Plaintiffs' claims of Common Law Fraud (Count II), Intentional Misrepresentation (Count V), Negligent Misrepresentation (Count VI), and Breach of Implied Covenant of Good Faith (Count VII).

* Defendant's Motion for Summary Judgment (Doc. 89) is GRANTED as to Plaintiffs' claims of Breach of the Restrictive Covenant (Count I, ¶ 49(f), (h)-(j)), and of Breach of the Lease Agreement (Count I, ¶ 49(g)-(h)).

* Defendant's Motion for Summary Judgment (Doc. 89) is DENIED as to Plaintiffs' claims of Breach of the Sales Agreement (Count I, ¶ 49(a)-(e)).

It is FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment as to Defendant's Counterclaim (Doc. 87) is DENIED.

20101005

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