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BALLARD v. PARKSTONE ENERGY, LLC

No. 06 Civ. 13099(RWS).

664 F.Supp.2d 325 (2009)

Ralph L. BALLARD III, individually, and in his capacity as Seller Representative under a certain Purchase Agreement, Plaintiff, v. PARKSTONE ENERGY, LLC, formerly known as AMG Acquisition, LLC, Defendant.

United States District Court, S.D. New York.

September 23, 2009.

Attorney(s) appearing for the Case

Brown Rudnick LLP, by: David J. Molton, Esq., Peter Adelman, Esq., New York, NY, and the Segal Law Firm, by: Scott Segal, Esq., Mark Staun, Esq., Charleston, WV, for Plaintiff.

Frost Brown Todd LLC, by: Denise H. McClelland, Esq., Lexington, KY, and Peter M. Leving, Esq., New York, NY, for Defendant.

OPINION

SWEET, District Judge.

Plaintiff Ralph L. Ballard III ("Ballard" or the "Plaintiff") has moved pursuant to Rule 56, Fed.R.Civ.P., for partial summary judgment (i) dismissing the fourth and fifth counterclaims and fourteenth and fifteenth affirmative defenses of defendant Parkstone Energy, LLC, f/k/a AMG Acquisition LLC ("Parkstone" or the "Defendant") alleging indemnity and breach of contract; and (ii) dismissing Defendant's first, second...

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