UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

KMART CORPORATION PLAINTIFF

v. CIVIL ACTION NO.1 :11-CV-00103-GHD-DAS

THE KROGER CO.; E & A SOUTHEAST LIMITED PARTNERSHIP; FULTON IMPROVEMENTS, LLC; and KANSAS CITY SOUTHERN RAILWAY COMPANY DEFENDANTS

ORDER GRANTING DEFENDANT FULTON IMPROVEMENTS, LLC'S MOTION FOR SUMMARY JUDGMENT

Pursuant to an opinion issued this day, it is hereby ORDERED that

(1) Defendant Fulton hnprovements, LLC's motion for summary judgment [248] IS

GRANTED in its entirety;

(2) all claims against Defendant Fulton hnprovements, LLC are DISMISSED; and

(3) Defendant Fulton Improvements, LLC is DISMISSED as a party to the case.

All memoranda, depositions, declarations, and other materials considered by the Court in

ruling on this motion are hereby incorporated iry:.o and made a part of the record in this action.

It is SO ORDERED, this, the ;) /4,day of January, 2014.

SENIOR JUDGE

Case: 1:11-cv-00103-GHD-DAS Doc #: 354 Filed: 01/21/14 1 of 1 PageID #: 6952