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American Casualty Co. of Reading, Pennsylvania v. Cresent Enterprises, Inc.

United States District Court, M.D. Tennessee, Nashville Division

August 28, 2014

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and CNA CLAIMPLUS, INC., Plaintiffs,
v.
CRESENT ENTERPRISES, INC., Defendant.

ORDER

ALETA A. TRAUGER, District Judge.

For the reasons set forth in the accompanying Memorandum, the court hereby finds as follows:

• The defendant's Motion to Strike the Affidavit of Cynthia Goral (Docket No. 59) is DENIED.
• The plaintiffs' Motion for Summary Judgment (Docket No. 43) is GRANTED.
• The defendant's counterclaim is DISMISSED WITH PREJUDICE.
• Counts Two and Three of the plaintiffs' Amended Complaint are DISMISSED WITH PREJUDICE.
• It is further ORDERED that judgment shall be entered for the plaintiffs in the amount of $84, 247.00 in compensatory damages and $13, 503.76 in contractual interest, as well as attorney's fees, subject to the court's review of a declaration to be filed by the plaintiffs accounting for their legal costs of collection.

It is so ORDERED.


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