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Central Laborers' Pension, Welfare and Annuity Funds v. Abernathy Construction Co.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 8, 2010

CENTRAL LABORERS' PENSION, WELFARE AND ANNUITY FUNDS, PLAINTIFFS,
v.
ABERNATHY CONSTRUCTION CO., LLC, AND JASON ABERNATHY, INDIVIDUALLY, DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

Now before the Court is Plaintiffs' Notice of Voluntary Dismissal, Without Prejudice (Doc. 7). The Court ACKNOWLEDGES said Notice and the fact that Defendants have neither served their Answer or motion for summary judgment. As such, pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i), this matter is

hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

2010.12.08 15:31:35 -06'00'

20101208

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