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Rosen's, Inc. v. Duesterhaus Fertilizer

August 1, 2006

ROSEN'S, INC., PLAINTIFF,
v.
DUESTERHAUS FERTILIZER, INC., AND PAUL J. DUESTERHAUS, DEFENDANTS.



The opinion of the court was delivered by: Richard Mills, U.S. District Judge

OPINION

On November 10, 2005, the Court directed the parties to show cause why this case should not be dismissed due to the Defendants' intervening Chapter 11 bankruptcy. On July 5, 2006, Plaintiff Rosen's responded by saying that it did not object to a dismissal without prejudice. See d/e 24.

The Defendants have not responded to the November 10, 2005, Order or the Plaintiff's July 5 response. The Court, therefore, deems the Defendants to have no objection to a dismissal.

ERGO, this case is DISMISSED WITHOUT PREJUDICE. The case is CLOSED.

IT IS SO ORDERED.

Richard Mills United States District Judge

20060801

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