Updike v. Browning-Ferris, Inc.

JUDGMENT

TRIMBLE, District Judge.

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein and after an independent review of the record including the objections filed therein, and a de novo determination of the issues, and having determined that the findings are correct under the applicable law;

IT IS ORDERED that Conoco, Inc.’s Fed.R.Civ.P. 12(b) Motion to Dismiss be and it is hereby DENIED.

THUS DONE AND SIGNED.

MINUTE ENTRY

Upon request of counsel for Conoco, Inc. by letter attached hereto, and in order to make abundantly clear the effect the…