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JAMES E. HOWARD, Chapter 11 Trustee, Bangor Aroostook Railroad Company and Van Buren Bridge Company Plaintiff v. CANADIAN NATIONAL RAILWAY COMPANY et al., Defendants

ORDER PURSUANT TO FED. R. CIV. P. 41(a)(2)

GEORGE Z. SINGAL, District Judge

In consideration of Plaintiff's Motion for the Voluntary Dismissal of Counts I, II and IV through X of Plaintiff's Complaint Without Prejudice Pursuant to Fed.R.Civ.P. 41(a)(2), the Court hereby orders that Counts I, II and IV through X of the Plaintiff's Complaint be voluntarily dismissed without prejudice pursuant to Fed.R.Civ.P. 41(a)(2) with each party bearing its own costs and fees.

Having previously dismissed Count III of Plaintiff's Complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6), the Court hereby orders judgment in favor of defendants on all counts of Plaintiff's Complaint, said judgment constituting a final order for the purposes of appeal.

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HOWARD v. CANADIAN NATIONAL RAILWAY COMPANY
(Jun 2, 2004)