Dole Air, Inc.
v.
City of Texarkana

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISIONApr 11, 2012
CASE NO.: 4:10-CV-04147-SOH (W.D. Ark. Apr. 11, 2012)

CASE NO.: 4:10-CV-04147-SOH

04-11-2012

DOLE AIR, INC. PLAINTIFF v. CITY OF TEXARKANA, ARKANSAS; HORACE SHIPP, Individually and in His Official Capacity as Mayor of Texarkana, Arkansas; TEXARKANA AIRPORT AUTHORITY; STEVEN LUEBBERT, Individually and in His Official Capacity as Director of the Texarkana Airport Authority DEFENDANTS


JUDGMENT

Pending is a Motion for Partial Summary Judgment filed by Defendants City of Texarkana, Arkansas; Horace Shipp, individually and in his official capacity as Mayor of Texarkana, Arkansas; Texarkana Airport Authority; and Steven Luebbert, individually and in his official capacity as Director of the Texarkana Airport Authority (Defendants). (ECF No. 20). The Plaintiff has responded in opposition (ECF No. 25), and the Defendants have replied (ECF No. 27). For the reasons discussed in the Memorandum Opinion of even date, the Motion should be and hereby is GRANTED. The Plaintiff's Complaint (ECF No. 6) is DISMISSED WITH PREJUDICE. The Defendants' Counterclaim (ECF No. 7) is DISMISSED WITHOUT PREJUDICE.

The Plaintiff separately moved to dismiss Horace Shipp and the City of Texarkana, Arkansas from the case (ECF No. 23), and the Court granted that motion. (ECF No. 31). Horace Shipp and the City of Texarkana, Arkansas are therefore no longer parties in this case.

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Hon. Susan O. Hickey


United States District Judge