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United States of America v. Stephen C. Lyon; Suzanne S. Lyon

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 24, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
STEPHEN C. LYON; SUZANNE S. LYON; RUSSELL R. TONDA; DIANE M. TONDA;
RAJENDRA JAMNADAS, PERSONAL REPRESENTATIVE OF THE ESTATE OF SHANTALIL JAMNADAS,
DEFENDANTS.
M.B.L., INC.,
COUNTER-CLAIMANT,
v.
THE CITY OF MODESTO; THE DOW CHEMICAL COMPANY; E.I. DUPONT DE NEMOURS AND COMPANY; VULCAN MATERIALS COMPANY; OCCIDENTAL CHEMICAL CORPORATION; PPG INDUSTRIES, INC.; R.R. STREET & COMPANY, INC.; GOSS JEWETT CO. OF NORTHERN CALIFORNIA; AMERICAN LAUNDRY MACHINERY, INC. DBA AJAX MANUFACTURING DIVISION & MARTIN EQUIPMENT & MCGRAW EDISON COMPANY, AS SUCCESSOR TO COOPER INDUSTRIES; BOWE PERMAC, INC.; ECHCO SALES AND EQUIPMENT CO., INC.; TECHNICHEM; VAN WATERS AND ROGERS; ADAM HART; JACK HART; DAWINE D. HALFORD; HILLARY'S AUTO SALES; SARK'S AUTO SALES; MODESTO MAZDA & ISUZU; RULE DALE MITSUBISHI & HYUNDAI; TRANSMATIC TRANSMISSION AUTOMOTIVE; AND JOE'S AUTOMOTIVE CENTER, CROSS-DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER RE DISMISSAL WITHOUT PREJUDICE OF COUNTER CLAIM OF M.B.L., INC. AGAINST CROSS-DEFENDANTS OCCIDENTAL CHEMICAL CORPORATION AND PPG INDUSTRIES, INC. ONLY AND RELATED COUNTER AND CROSS- ) 8 CLAIMS. TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(I) and 41(c)(1), Third Party Defendant, Counter-Claimant and Cross-Claimant M.B.L., INC. hereby requests dismissal, without prejudice, of its Counter-Claim filed on or about January 28, 2008, as to Cross-Defendants OCCIDENTAL CHEMICAL CORPORATION ("OCCIDENTAL") and PPG INDUSTRIES, INC. ("PPG") only, with each party to bear its own fees and costs.

DATED: May 23, 2011 HAMRICK & EVANS, LLP /s/ Kenneth A. Hearn By: A. RAYMOND HAMRICK, III KENNETH A. HEARN DOUGLAS K. LACKEY Attorneys for THIRD PARTY DEFENDANT, COUNTER-CLAIMANT AND CROSS-CLAIMANT M.B.L. INC.

ORDER

The clerk is direct not to close this action.

IT IS SO ORDERED.

20110524

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