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UNITED STATES DISTRICT COURT DISTRICT OF MAINE ERIC LUSH,
ET AL.,

P LAINTIFFS v. TERRI AND RUTH F/V, in rem, ET AL., DEFENDANTS

) ) ) ) ) ) ) ) ) )

Civil No. 03-156-P-H

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE AND ORDER ON PENDING MOTIONS

The United States Magistrate Judge filed with the Court on February 10, 2004, with copies to counsel, his Recommended Decision on Cross-Motions for Summary Judgment. Objections to the Recommended Decision were filed by the defendants on February 13, 2004, and by the plaintiffs on March 4, 2004. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, with the following exceptions, and determine that no further proceeding is necessary.

The

defendants'

motion

for

summary

judgment

based

upon

unenforceability of the contract was premised upon the Statute of Frauds. Specifically, the entirety of the defendants' argument was:
II. The Contract-Based Claims of Counts II and III Violate the Statute of Frauds.

The parties never entered into an enforceable agreement for the sale of the Terri and Ruth, nor did they enter into any other enforceable agreement. No agreement of any kind was contemplated to be completed in one year. Def Stmt,

Download DBH_03222004_2-03cv156_LUSH_V_TERRI_AND_RUTH.pdf

Maine Law