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Robert Rivard and Dogleg v. Jerry Bello

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


March 27, 2013

ROBERT RIVARD AND DOGLEG PROPERTIES, INC. FORMERLY KNOWN AS RIVARD POPCORN PRODUCTS, INC., PLAINTIFFS,
v.
JERRY BELLO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 27th day of March 2013, upon consideration of Defendants' Motion to Dismiss (Doc. No. 6) and the responses and replies thereto, and for the reasons stated in the accompanying Opinion, it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part as follows:

1. The Motion is GRANTED as to the fraud claim contained in Count III. Count III is DISMISSED without prejudice to Plaintiffs' right to amend the complaint to clarify the claim. Plaintiffs are granted leave to file an amended complaint within 21 days of the date of this Order.

2. The Motion is DENIED in all other respects. It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20130327

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