Opinion
CIVIL ACTION NO. 04-2324.
August 15, 2005
JUDGMENT
For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law, the Court ADOPTS the Report and Recommendation of the Magistrate Judge except footnote 4, and
IT IS ORDERED that Chase's Motion to Dismiss (Doc. 8) is granted and EPCO's complaint is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that EPCO's Motion to Strike (Doc. 18) is denied as moot.