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Treadways LLC v. the Travelers Indemnity Co.

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


May 4, 2011

TREADWAYS LLC
v.
THE TRAVELERS INDEMNITY CO., TRAVELERS PROPERTY CAS. CO. OF AMERICA, AND THE CHARTER OAK FIRE INS. CO.

The opinion of the court was delivered by: Thomas J. Rueter Chief United States Magistrate Judge

ORDER

AND NOW, this 4th day of May, 2011, upon consideration of plaintiff's motion for summary judgment (Doc. No. 39), defendants' motion for summary judgment (Doc. No. 40), and all documents submitted by the parties relating thereto, and for the reasons stated in the accompanying Memorandum, it is hereby

ORDERED

1. Plaintiff's Motion for Summary Judgment (Doc. No. 39) is DENIED.

2. Defendants' Motion for Summary Judgment (Doc. No. 40) is DENIED IN PART and GRANTED IN PART.

3. Defendants' Motion for Summary Judgment is GRANTED with respect to Count I of the Amended Complaint and Judgment is hereby entered in favor of defendants and against plaintiff on Count I of the Amended Complaint. Defendants' Motion for Summary Judgment is DENIED with respect to Count II of the Amended Complaint.

4. Judgment is entered in favor of defendant Charter Oak Fire Insurance Company on all counts and defendant Charter Oak Fire Insurance Company is DISMISSED from this action.

BY THE COURT:

Thomas J. Rueter

20110504

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