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McELWEE GROUP v. MUNICIPAL AUTH. OF BOR. OF ELVER.

Civil Action No. 06-2447.

476 F.Supp.2d 472 (2007)

McELWEE GROUP, LLC, Plaintiff, v. MUNICIPAL AUTHORITY OF the BOROUGH OF ELVERSON, et al., Defendants.

United States District Court, E.D. Pennsylvania.

March 6, 2007.

Attorney(s) appearing for the Case

Anthony F. Visco, Jr., Ballard Spahr Andrews & Ingersoll, L.L.P., Philadelphia, PA, Mario A. Iavicoli, Haddonfield, NJ, for Plaintiff.

Joseph F. Trinity, Gebhardt & Kiefer, Clinton, NJ, Ralph J. Bellafatto, Ralph J. Bellafatto, PC, Easton, PA, Timothy J. Woolford, Woolford Law, P.C., Lancaster, PA, for Defendants.

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

Defendant Spotts, Stevens & McCoy, Inc. (SSM) has moved to dismiss the sole remaining claim against it, for fraud, on the grounds that (1) Plaintiff did not comply with the certificate of merit requirement and/or (2) the fraud claim is barred by the economic loss doctrine.

For the reasons that follow, SSM's motion to dismiss will be denied.

...

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