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American Infrastructure v. Zachary Construction Corp.

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


December 28, 2010

AMERICAN INFRASTRUCTURE, PLAINTIFF,
v.
ZACHARY CONSTRUCTION CORP., ET. AL., DEFENDANTS.

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

ORDER

AND NOW, this 28th day of December, 2010, upon consideration of Plaintiff's Motion for Summary Judgment, Defendants' Motion for Summary Judgment, the parties responses in opposition, after oral argument, and for the reasons set forth in the accompanying Opinion, it is hereby ORDERED that:

- Defendants' Motion for Summary Judgment (doc. no. 48) is GRANTED as to all counts in Plaintiff's First Amended Complaint;

- Plaintiff's Motion for Summary Judgment (doc. no. 47) is DENIED; and - Should Defendants wish to pursue a claim for costs under Federal Rule of Civil Procedure 54(d)(1), they shall submit an appropriate motion within thirty (30) days of this Order.

It is FURTHER ORDERED that: - Defendants' "Motion to Preclude Evidence" (doc. no. 45) is DENIED as MOOT; and - Defendants' "Motion to Strike American Infrastructure's Jury Demand" (doc. no. 46) is DENIED as MOOT.

Therefore, judgment is entered in favor of Defendants and against Plaintiff. The Clerk of Court is directed to mark this matter closed.

BY THE COURT:

Mitchell S. Goldberg

20101228

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