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MCI WorldCom Network Services, Inc. v. Glendale Excavation Corp.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


October 2, 2002

MCI WORLDCOM NETWORK SERVICES, INC., PLAINTIFF,
v.
GLENDALE EXCAVATION CORP., DEFENDANT.

The opinion of the court was delivered by: Honorable Joseph E. Irenas

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

This matter having appeared before the Court upon Plaintiff's and Defendant's motions for partial summary judgment and the Court having reviewed the submissions of the parties, for the reasons set forth in an opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing,

IT IS on this 2nd day of October, 2002,

ORDERED THAT:

1. Plaintiff's motion for partial summary judgment is GRANTED as to Plaintiff's claim of liability based on negligence against Defendant.

2. Plaintiff's motion for partial summary judgment is DENIED as to Plaintiff's claim of negligence based on trespass against Defendant.

3. Plaintiff's motion for partial summary judgment is DENIED as to Plaintiff's claim for loss of use damages against Defendant.

4. Defendant's motion for partial summary judgment is DENIED as to Plaintiff's claims for loss of use and punitive damages against Defendant.

20021002

© 2002 VersusLaw Inc.



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