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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION * FLUXO-CANE OVERSEAS LTD., * Plaintiff, * v. * E.D. & F. MAN SUGAR INC., * Defendant. * * * * * * * * * * * * * * CIVIL NO.: WDQ-08-356

ORDER For the reasons discussed in the accompanying Memorandum Opinion, it is, this 24th day of February, 2009, ORDERED that: 1. Fluxo-Cane's motion for summary judgment (Paper No. 30) BE and HEREBY IS, DENIED; 2. Man Sugar's motion for summary judgment (Paper No. 39) BE and HEREBY IS, GRANTED on Count I (conversion) and DENIED on Count II (breach of contract); 3. Fluxo-Cane's motion for leave to file surreply (Paper No. 42) BE and HEREBY IS, DENIED; 4. Man Sugar's motion for leave to amend its cross motion for summary judgment (Paper No. 47) BE and HEREBY IS, GRANTED; 5. The Clerk of the Court shall send copies of this Memorandum Opinion and Order to counsel for the parties. /s/ William D. Quarles, Jr. United States District Judge



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