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COTTON v. COMMODORE EXPRESS

September 30, 2005.

STEPHANIE WELLS COTTON, Individually and as Executrix of the Estate of Edna Lee Giles-Vaughn, Deceased; PLAINTIFFS. JOYCE ANN DUNN, Individually and as Executrix of the Estate of Versie Mae Buchanan, Deceased, and DARRELL VAUGHN, Individually and as Executor of the Estate of Robert Vaughn, Deceased and RONALD VALENTINE INTERVENOR PLAINTIFF
v.
COMMODORE EXPRESS, INC., RYDER TRUCK RENTAL, INC. d/b/a RYDER TRANSPORTATION SERVICES, STEPHENSON TRUCKING, INC., and OLD REPUBLIC INSURANCE COMPANY DEFENDANTS.



The opinion of the court was delivered by: GARNETT EISELE, Senior District Judge

ORDER

Defendant Commodore Express, Inc.'s Motion in Limine (Docket No. 111) is hereby DENIED WITHOUT PREJUDICE to renew same. Although the motion has been pending since June 4, 2004, this Court is unable to address it. Since August of 2004, this matter has been on interlocutory appeal to the Eighth Circuit Court of Appeals. If and when this matter is rescheduled for trial, Commodore Express may, if it desires, file a notice renewing said motion, without the necessity of re-filing the motion.

IT IS SO ORDERED.

20050930

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