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Linda Trojecki and v. the United States of America

March 5, 2013

LINDA TROJECKI AND MICHAEL TROJECKI, H/W, PLAINTIFFS,
v.
THE UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Henry S. Perkin United States Magistrate Judge

ORDER AND NOW, this 5th day of March, 2013, upon consideration of the Motion of Defendant, The United States of America, to Exclude the Expert Testimony of John S. Posusney, P.E., and for Summary Judgment (Dkt. No. 26) filed on January 7, 2013, Plaintiff's Response (Dkt. No. 29) filed on January 24, 2013, and Defendant's Reply Brief (Dkt. No. 32) filed on March 5, 2013; and for the reasons expressed in the foregoing Memorandum,

IT IS ORDERED that Defendant's Motion to to Exclude the Expert Testimony of John S. Posusney, P.E. is DENIED without prejudice.

IT IS ORDERED that Defendant's Motion for Summary Judgment is GRANTED as uncontested as to Count II of Plaintiff's Complaint. In all other respects, Defendant's Motion for Summary Judgment is DENIED.

BY THE COURT:

Henry S. Perkin

20130305

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