Citation Codes Equivalent Citations citation codes Docket Number Case No. 4:02-CV-220 Motions Motion to dismiss : Granted Motion for sanctions : Denied Judges Richard Alan Enslen See more information ... Smart Summary Please sign up to generate summary. WALTER SWIHART, Plaintiff. v. PIGEON RIVER MATERIALS, INC., and EMPIRE FIRE AND MARINE INSURANCE COMPANY, Defendants. ORDER AND PARTIAL JUDGMENT RICHARD ENSLEN, District Judge In accordance with the Opinion of this date; IT IS HEREBY ORDERED that Defendant Empire Fire and Marine Insurance Company's Motion to Dismiss (Dkt. No. 10) is GRANTED and all of Plaintiff Walter Swihart's claims against Defendant Empire Fire and Marine Insurance Company are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Defendant Empire Fire and Marine Insurance Company's Motion for Sanctions (Dkt. No. 13) is DENIED.