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Coplay Aggregates, Inc v. Bayshore Soil Management LLC

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


May 23, 2011

COPLAY AGGREGATES, INC., PLAINTIFF,
v.
BAYSHORE SOIL MANAGEMENT LLC, DEFENDANT.

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 23thday of May, 2011, upon consideration of Defendant's Motion to Dismiss, Plaintiff's Opposition thereto, Defendant's Reply thereon, and for the reasons stated in the Court's Memorandum dated May 20, 2011, and following oral argument on the motion, it is hereby ORDERED that the motion (Document No. 9) is GRANTED in part and DENIED in part,as follows:

1. The motion is granted GRANTED with respect to Counts III, IV, and V of the Amended Complaint, which are DISMISSED.

2. The motion is otherwise DENIED.

3. It is further ORDERED that this case shall be designated for compulsory arbitration pursuant to Local Rule 53.2. An arbitration trial shall be scheduled as expeditiously as possible.

BY THE COURT:

20110523

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