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BERNATH v. POTATO SERVICES OF MICHIGAN

No. CIV. 03-22-B-W.

300 F.Supp.2d 175 (2004)

Eugene D. BERNATH, d/b/a Bernath Farms, Plaintiff v. POTATO SERVICES OF MICHIGAN, Defendant v. Giberson Farms, Inc. Third-Party Defendant.

United States District Court, D. Maine.

January 15, 2004.

Attorney(s) appearing for the Case

David P. Rupp, Jr., Plassman, Rupp, Hensal & Short, Archbold, OH, Kevin M. Cuddy, Cuddy & Lanham, Bangor, ME, for Eugene D Bernath aka Bernath Farms, Plaintiffs.

Frederick J. Badger, Jr., Richardson, Whitman, Large & Badger, Bangor, ME, for Agway Inc, Bankrupt Party.

Richard D. Tucker, Tucker & Dostie, P.A., Joshua E. Birocco, Tucker & Dostie, P.A., Bangor, ME, for Potato Services of Michigan Inc, Defendant.

ORDER

WOODCOCK, District J.

I. Introduction

This Order addresses three motions in the above-captioned matter: the Plaintiff's Motion to Remand; the Defendant's Motion for Summary Judgment; and the Third-Party Defendant's Motion for Partial Summary Judgment. For the reasons discussed below, this Court DENIES the Plaintiff's Motion to Remand; GRANTS the Defendant's Motion for Summary Judgment as to Count I only; and, GRANTS the Third-Party's Defendant...

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