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United States of America Ex Rel. v. Peco Energy

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


September 13, 2012

UNITED STATES OF AMERICA EX REL. LOTHAR E.S. BUDIKE, SR.
v.
PECO ENERGY, ET AL.

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

ORDER

AND NOW, this 13th day of September , 2012, upon consideration of Defendants PECO Energy Company, Philadelphia Regional Port Authority and General Dynamics American Overseas Marine's Motions To Dismiss the Amended Complaint (ECF Nos. 43-45), and all papers submitted in support thereof and in opposition thereto, it is ORDERED as follows:

1. Defendant General Dynamics American Overseas Marine's Motion To Dismiss Count I of the Amended Complaint is GRANTED without prejudice.

2. Defendant PECO Energy Company Motion To Dismiss Count I of the Amended Complaint is GRANTED without prejudice with respect to the Section 3729(a)(7) claim.

3. Defendants PECO Energy Company, Philadelphia Regional Port Authority and General Dynamics American Overseas Marine's Motions to Dismiss Count II of the Amended Complaint are GRANTED with prejudice.

4. Defendants PECO Energy Company, Philadelphia Regional Port Authority and General Dynamics American Overseas Marine's Motions to Dismiss Count III of the Amended Complaint are GRANTED with prejudice.

5. Defendant Philadelphia Regional Port Authority's Motion to Dismiss Count I on grounds of sovereign immunity is GRANTED with prejudice.

6. In all other respects, Defendants PECO Energy Company, Philadelphia Regional Port Authority and General Dynamics American Overseas Marine's Motions To Dismiss are DENIED.

IT IS SO ORDERED.

BY THE COURT:

20120913

© 1992-2012 VersusLaw Inc.



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