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Franklin Mills Associates, L.P. v. Nationwide Life Insurance Company

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


December 12, 2011

FRANKLIN MILLS ASSOCIATES, L.P.
v.
NATIONWIDE LIFE INSURANCE COMPANY

The opinion of the court was delivered by: R. Barclay Surrick, J.

ORDER

AND NOW, this 12th day of December, 2011, upon consideration of Plaintiff Franklin Mills Associates L.P.'s Motion for Summary Judgment (ECF No. 11) and Defendant Nationwide Life Insurance Company's Cross-Motion for Summary Judgment and Motion to Strike (ECF No. 12) , and all documents submitted in support thereof and in opposition thereto, it is

ORDERED as follows:

1. Defendant's Cross-Motion for Summary Judgment is DENIED.

2. Defendant's Motion to Strike Exhibit B to Plaintiff's Complaint and Exhibit D to Plaintiff's Motion for Summary Judgment is DENIED.

3. Defendant's Motion to Strike Exhibit E to Plaintiff's Motion for Summary Judgment is DENIED without prejudice.

4. Plaintiff's Motion for Summary Judgment is GRANTED in part and DENIED in part as follows:

a. As to Count I of the Complaint for breach of contract, Plaintiff's Motion is GRANTED and judgment is entered in favor of Plaintiff Franklin Mills Associates L.P.;

b. As to Plaintiff's request for specified damages, Plaintiff's Motion is DENIED for the reasons set forth in the accompanying Memorandum. IT IS SO ORDERED.

BY THE COURT:

20111212

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