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Contract: Other | Tennessee Middle
Entry of Judgment
ENTRY OF JUDGMENT re: 79 Memorandum Opinion of the Court, 80 Order Dismissing Case. (am)
Order Dismissing Case
ORDER DISMISSING CASE: For the reasons set forth in the accompanying Memorandum 79 , the Motion for Judgment on the Pleadings (Doc. No. 68 ) filed by defendant Wirtgen America, Inc. ("Wirtgen") is hereby GRANTED. The motion is GRANTED as to Counts 1 through 7 in the plaintiffs' First Amended Complaint (Doc. No. 18 ), and those claims are DISMISSED. The motion is also GRANTED as to Wirtgens counterclaim (Doc. No. 60 10418), seeking a declaration of its rights under the parties' Distributor Sales and Service Agreement (the "Agreement") of March 15, 2002. The court hereby DECLARES that Wirtgen has the right to terminate the Agreement under Sections 5.04(b)(1) and (6) and 9.05 of the Agreement. The plaintiffs Motion for Leave to File a Second Amended Complaint (Doc. No. 72 ) is hereby DENIED as futile. This is the final Order in this case for purposes of Federal Rule of Civil Procedure 58. Signed by District Judge Aleta A. Trauger on 8/19/2026. (am)
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