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Fran-AM Partnership, L.L.C. v. Sports Car Club of America

February 15, 2006

FRAN-AM PARTNERSHIP, L.L.C., PLAINTIFF,
v.
SPORTS CAR CLUB OF AMERICA, INC., AND S.C.C.A. ENTERPRISES, INC., DEFENDANTS.



The opinion of the court was delivered by: Senior Judge Zita L. Weinshienk

ORDER

This matter was before the Court on February 8, 2006, for oral argument on Defendants' Motion For Summary Judgment. The Court heard the arguments and statements of counsel and made conclusions of law which are incorporated herein by reference as if fully set forth. Accordingly, it is ORDERED that Defendants' Motion For Summary Judgment (Doc. No. 80) is granted in part and denied in part. It is FURTHER ORDERED that the motion is granted as to the first, second, and third claims for relief with respect to the Fran-Am 2000 only, and said claims are dismissed with prejudice as to the Fran-Am 2000 only. It is FURTHER ORDERED that the motion is denied as to the first, second, and third claims for relief with respect to the Fran-Am 1600. It is FURTHER ORDERED that the motion is denied as to the fourth and fifth claims for relief. It is FURTHER ORDERED that the Court reserves ruling on the issue of whether the Fran-Am 2000 may be relevant to the issue of damages.

Dated at Denver, Colorado, this 14 day of February, 2006.

ZITA L. WEINSHIENK, Senior Judge United States District Court

20060215

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