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MCI WORLDCOM NETWORK SERVICES v. GLENDALE EXCAVAT.

CIVIL ACTION NO. 01-2695 (JEI).

224 F.Supp.2d 875 (2002)

MCI WORLDCOM NETWORK SERVICES, INC., Plaintiff, v. GLENDALE EXCAVATION CORP., Defendant.

United States District Court, D. New Jersey.

October 2, 2002.

Attorney(s) appearing for the Case

Gibbons, Del Deo, Dolan, Griffinger & Vecchione by Peter Torcicollo, Esq., One Riverfront Plaza, Newark, NJ, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. by Mark Blongewicz, Esq., Tulsa, OK, for Plaintiff.

Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski by Richard E. Snyder, Esq., Livingston, NJ, for Defendant.

OPINION

IRENAS, District Judge.

Presently before the Court are Plaintiff's and Defendant's respective motions for partial summary judgment. For the reasons set forth below, Plaintiff's motion is granted on the issue of negligence and is denied on the issue of trespass. Plaintiff's motion for partial summary judgment on the issue of loss of use damages is denied. Defendant's motion for partial summary judgment on the issue of punitive damages is denied.<...

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