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Clarke v. Lindeman

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 18, 2010

EDWARD CLARKE, PLAINTIFF,
v.
MICHAEL LINDEMAN, LORRAINE LINDEMAN, DAVID NICKUM, VALLEY AGGREGATE TRANSPORT, INC., THE BOARD OF DIRECTORS OF VALLEY AGGREGATE TRANSPORT, INC., AND ADMINISTRATION COMMITTEE FOR THE VALLEY AGGREGATE, INC. EMPLOYEE STOCK OWNERSHIP PLAN. DEFENDANTS.

The opinion of the court was delivered by: The Honorable John Mendez United States District Judge

ORDER DENYING MOTION TO DISMISS BY DEFENDANTS DAVID NICKUM, VALLEY AGGREGATE TRANSPORT, INC., and THE ADMINISTRATION COMMITTEE FOR THE VALLEY AGGREGATE TRANSPORT, INC. EMPLOYEE STOCK OWNERSHIP PLAN

This matter comes before the Court on a Motion to Dismiss by Defendants David Nickum, Valley Aggregate Transport, Inc., and the Administration Committee for the Valley Aggregate Transport, Inc. Employee Stock Ownership Plan. Having considered the parties' papers and the arguments presented at the hearing on October 6, 2010, the Motion is DENIED.

IT IS SO ORDERED.

Dated: October 15, 2010

20101018

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