Opinion
Civil No. 03-228-B-W.
February 17, 2005
BENJAMIN H GANNET, Plaintiff, represented by MICHAEL X. SAVASUK, LAW OFFICE OF MICHAEL X. SAVASUK, MARINE TRADE CENTER, PORTLAND, ME.
BOOMER ENTERPRISES LLC, Plaintiff, represented by MICHAEL X. SAVASUK, LAW OFFICE OF MICHAEL X. SAVASUK, MARINE TRADE CENTER, PORTLAND, ME.
ATLANTIC MUTUAL INSURANCE COMPANY, Plaintiff, represented by MICHAEL X. SAVASUK, LAW OFFICE OF MICHAEL X. SAVASUK, MARINE TRADE CENTER, PORTLAND, ME.
MALCOLM L PETTEGROW, TERMINATED: 02/17/2005, Defendant, represented by DAVID C. KING, DEBRA ANNE REECE, RUDMAN WINCHELL, BANGOR, ME.
MALCOLM L PETTEGROW INC, Defendant, represented by DAVID C. KING, DEBRA ANNE REECE, RUDMAN WINCHELL, BANGOR, ME.
MALCOLM L PETTEGROW INC, Counter Claimant, represented by DEBRA ANNE REECE, DAVID C. KING, RUDMAN WINCHELL, BANGOR, ME.
MALCOLM L PETTEGROW, TERMINATED: 02/17/2005, Counter Claimant, represented by DEBRA ANNE REECE, DAVID C. KING, RUDMAN WINCHELL, BANGOR, ME.
BENJAMIN H GANNET, Counter Defendant, represented by MICHAEL X. SAVASUK, LAW OFFICE OF MICHAEL X. SAVASUK, MARINE TRADE CENTER, PORTLAND, ME.
BOOMER ENTERPRISES LLC, Counter Defendant, represented by MICHAEL X. SAVASUK, LAW OFFICE OF MICHAEL X. SAVASUK, MARINE TRADE CENTER, PORTLAND, ME.
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objections having been filed to the Magistrate Judge's Recommended Decision filed January 28, 2005, the Recommended Decision is accepted.
1. It is therefore ORDERED that the defendants' motion for summary judgment is GRANTED with respect to the plaintiffs' tort and UTPA claims.
2. It is further ORDERED that the only claim surviving summary judgment is a claim against Pettegrow, Inc., for breach of the boat building agreement and the warranties associated with it.