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Ntp Marble, Inc., T/A v. Aaa Hellenic Marble

June 30, 2011

NTP MARBLE, INC., T/A COLONIAL MARBLE & GRANITE, PLAINTIFF/COUNTERCLAIM DEFENDANT,
v.
AAA HELLENIC MARBLE, INC., DEFENDANT/CROSS-CLAIM PLAINTIFF/ COUNTERCLAIM PLAINTIFF, NICHOLAS ALEXIADAS, DEFENDANT/CROSS-CLAIM PLAINTIFF/ COUNTERCLAIM PLAINTIFF, RICHARD MOSER, DEFENDANT/CROSS-CLAIM DEFENDANT, JOHN AND JANE DOES (1-10), DEFENDANTS, DOE ENTITIES (1-10), DEFENDANTS.



The opinion of the court was delivered by: Lynne A. Sitarski United States Magistrate Judge

ORDER

AND NOW, this 30th day of June, 2011, upon consideration of Plaintiff NTP Marble, Inc.'s Motion to Dismiss Counterclaims (Doc. No. 60), Defendants', AAA Hellenic Marble, Inc. and Nicholas Alexiadas, Response in Opposition to Plaintiff's Motion to Dismiss Counterclaims (Doc. No. 65), Plaintiff's Reply in Further Support of Motion to Dismiss Counterclaims (Doc. No. 71), Defendants' Sur Reply to Plaintiff's Reply in Further Support of Motion to Dismiss Counterclaims (Doc. No. 73 & 74), and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that Plaintiff's motion will be GRANTED IN PART and DENIED IN PART as follows:

1. Plaintiff's Motion to Dismiss Counterclaims is GRANTED as to Counts III and IV; and

2. Plaintiff's Motion to Dismiss Counterclaims DENIED as to Counts I and II.

BY THE COURT:

20110630

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