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CAUDILL SEED & WAREHOUSE v. ROSE SEEDING & SODDING

No. 4:09-cv-00101-WGH-RLY.

764 F.Supp.2d 1022 (2010)

CAUDILL SEED & WAREHOUSE CO., INC., Plaintiff and Counter Defendant, v. ROSE SEEDING & SODDING, INC., and Mark Rose, Individually and as President of Rose Seeding & Sodding, Inc., Defendants and Counter Claimants.

United States District Court, S.D. Indiana, New Albany Division.

October 6, 2010.

Attorney(s) appearing for the Case

John T. Byrd , Scott C. Byrd , Byrd Law Firm, Louisville, KY, Stephen T. Naville , Lorch & Naville, LLC, New Albany, IN, for Plaintiff and Counter Defendant.

J. Clayton Culotta , Culotta & Culotta LLP, New Albany, IN, John R. Vissing , John R. Vissing, LLC, Jeffersonville, IN, for Defendants and Counter Claimants.

ENTRY ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

WILLIAM G. HUSSMANN, JR., Magistrate Judge.

I. Introduction

This matter is before the Honorable William G. Hussmann, Jr., United States Magistrate Judge1, on Plaintiff's Third Motion for Summary Judgment filed September 1, 2010. (Docket Nos. 124-25). Defendant filed a Response on September 27, 2010. (Docket No. 132...

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