Opinion
MDL No. 1358 (SAS).
September 24, 2004
John R. McGhee, Jr., Kay Casto Chaney PLLC, Charleston, West Virginia, Counsel for J.C. Baker Son, Inc.
James R. Snyder, Jackson Kelly PLLC, Charleston, West Virginia, Counsel for Go-Mart, Inc.
OPINION AND ORDER
AGREED RULE 41(A)(2) ORDER TO DISMISS CROSS-CLAIM OF GO-MART, INC. AGAINST DEFENDANT J.C. BAKER SON, INC.
Pursuant to Federal Rule of Civil Procedure 41(a)(2), this day come Defendant, J.C. Baker Son, Inc., by its counsel, John R. McGhee, Jr. and Kay Casto Chaney PLLC, and the Defendant. Go-Mart, Inc., by its counsel, James R. Snyder and Jackson Kelly PLLC, and respectfully request that the Court enter this dismissal of the Cross-Claim of Go-Mart, Inc. against Defendant J.C. Baker Son, Inc. The parties agree that such dismissal is without prejudice, with each party to bear its own cost. The claims of Defendant Go-Mart, Inc. against the remaining parties remain unaffected.
Upon consideration thereof, and it appearing to the Court proper to do so, it is hereby ORDERED that the cross-claim of Go-Mart, Inc. against J.C. Baker Son, Inc. in this civil action is hereby dismissed without prejudice.