84 Lumber Co. v. White-Partain, et al.
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SUPERIOR COURT OF THE STATE OF DELAWARE T. HENLEY GRAVES SUSSEX COU NTY C OUR THO USE RESIDENT JUDGE ONE THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 August 24, 2010 Dean A. Campbell, Esquire Law Office of Dean A. Campbell, LLC 401 North Bedford Street P.O. Box 568 Georgetown, DE 19947 Michael C. Heyden, Esquire 1201 North King Street Wilmington, DE 19801 Joseph C. Raskauskas, Esquire 33176 Coastal Highway P.O. Box 1509 Bethany Beach, DE 19930 Re: 84 Lumber Co. v. White-Partain, et al. C.A. No. S08L-11-015 THG On Plaintiff s Motion for Summary Judgment: DENIED On Defendants/Third Party Plaintiffs Motion for Summary Judgment: DENIED Date Submitted: August 3, 2010 Date Decided: August 24, 2010 Dear Counsel: As counsel are aware, on July 29, 2010, The Honorable Richard F. Stokes issued a decision in a related matter, 84 Lumber Co. v. Derr, et al., C.A. No. S08L-11-014. By way of that decision, Judge Stokes denied the cross motions for summary judgment filed on behalf of Plaintiff 84 Lumber Co. and Defendants/Third Party Plaintiffs Shane M. Brice and Brice Builders, Inc. The issues presented in the case pending before the Court today are identical to those considered by Judge Stokes. Therefore, for the reasons articulated in Judge Stokes s well-reasoned opinion, Plaintiff 84 Lumber Co. s Motion for Summary Judgment is denied and Defendants/Third Party Plaintiffs Shane M. Brice and Brice Builders, Inc. s Motion for Summary Judgment is denied. The matter will go forward as scheduled. Very truly yours, /s/ T. Henley Graves oc: Prothonotary
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