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ACCERIS COMMUNICATIONS INC. v. ITXC CORP.

October 19, 2005.

ACCERIS COMMUNICATIONS INC., Plaintiff,
v.
ITXC CORP., Defendant.



The opinion of the court was delivered by: ROGER BENITEZ, District Judge

STIPULATION FOR DISMISSAL OF ACTION UNDER FRCP 41(a)(1)

Pursuant to Fed.R.Civ.P. 41(a)(1), IT IS HEREBY STIPULATED by the parties to the instant action, Plaintiff ACCERIS COMMUNICATIONS INC. ("ACCERIS"), by and through its attorney KEITH H. RUTMAN, Esq. and Defendant ITXC CORP. by and through its attorneys BRUCE BUECHLER, ESQ. of the firm LOWENSTEIN SANDLER PC and MATTHEW H. PRINTZ, ESQ. of the firm MURCHISON & CUMMING, LLP, as follows: On occasion of a Settlement Agreement dated October 11, 2005, the instant action is hereby dismissed with prejudice. Each party shall bear their own costs and fees.

ORDER

  GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT the Instant Action is dismissed with prejudice pursuant to FRCP 41(a)(1). Each party shall bear its own costs and fees.

  IT IS SO ORDERED.

20051019

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