ATKINSON CANDY COMPANY v. KENRAY ASSOCIATES INC et al
| ATKINSON CANDY COMPANY |
| KENRAY ASSOCIATES INC, CHARLES A. MC GEE and KENNETH J. MC GEE |
| DR. B. E. ATKINSON, JR. and ATKINSON CANDY COMPANY |
| DR. BASIL E. ATKINSON, JR. |
| KENRAY ASSOCIATES INC, CHARLES A. MC GEE and KENNETH J. MC GEE |
| 4:2002cv00242 |
| December 12, 2002 |
| US District Court for the Southern District of Indiana |
| New Albany Office |
| Sarah Evans Barker |
| William G. Hussmann |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
212
CLOSED/ENTRY ON PLAINTIFFS' MOTION TO SET ASIDE COVENANT NOT TO EXECUTE BASED UPON FRAUD IN THE INDUCEMENT - Plaintiffs have failed to prove the elements necessary to prevail in their Motion to Set Aside Covenant Not to Execute Based on Fraud in the Inducement, and the Motion is DENIED. The Agreed Judgments entered on 12/7/2004 remain in effect. Because the Agreed Judgments remain in effect, the Clerk is DIRECTED to close these matters on the Court's docket. See Entry for details. Signed by Magistrate Judge William G. Hussmann, Jr on 1/23/2014.(LBT)
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Filing
190
ORDER ON PENDING MOTIONS - Based upon this court's Order Granting Plaintiffs' Motion to Remand Evidentiary Hearing 189 , the following motions must be addressed: 1) Defendant's Motion to Strike 176 is denied. Plaintiffs' Motio n to Strike Affidavit of Chuck McGee 179 is denied. 2) Plaintiffs' Motion to Set Aside Covenant Not to Execute Based Upon Fraud in the Inducement 162 , which had previously been taken under advisement, is now denied. The entry of this order is intended to clarify the court's decision for purposes of any appellate review and to confirm that the court's Entry on Plaintiffs' Motion to Set Aside Covenant Not to Execute Based Upon Fraud in the Inducement 181 is deemed to be the final order of the court with respect to the issues raised in the Plaintiffs' Motion to Set Aside Covenant Not to Execute Based Upon Fraud in the Inducement 162 . Because an Agreed Judgment has already been entered 156 and is not otherwise modified, no separate final judgment will enter. Signed by Magistrate Judge William G. Hussmann, Jr on 12/13/2011. (JLM) Modified on 12/13/2011 (JLM).
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Filing
181
ENTRY ON 162 PLAINTIFFS' MOTION TO SET ASIDE COVENANT NOT TO EXECUTE BASED UPON FRAUD IN THE INDUCEMENT - The motion is taken under advisement and a hearing for that purpose is hereby set for 9/22/2011, at 10:00 AM, New Albany time (EDT), in r oom #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Magistrate Judge William G. Hussmann Jr. Absent a showing by Atkinson that there was fraud in the inducement of the clause itself, the integration clause will prohibit the court from doing anything other than enforcing the covenant as written. Signed by Magistrate Judge William G. Hussmann, Jr on 6/29/2011.(JLM)
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