Seven days after the Agreement's closing date, on August 28, 2000, Monterey advised Blue Mountain that it was defaulting on its obligation under the Agreement to purchase Blue Mountain. Between August 3 and August 28, 2000, Monterey attempted to acquire the necessary funds to complete the purchase. The Bankruptcy Court approved the purchase on August 3, 2000. ("Monterey") for the sale of substantially all of Blue Mountain's assets to Monterey. On August 3, 2000, Blue Mountain, acting as Debtor-in-Possession, entered into a final Agreement of Sale and Purchase ("the Agreement") with Defendant Monterey Mushrooms, Inc. Subsequently, BBNB suggested Blue Mountain find a purchaser for all its assets. In 1999, Blue Mountain defaulted on its loan obligation to co-Plaintiff Blue Ball National Bank ("BBNB") and was forced to declare bankruptcy. Defendant's motion for summary judgment concerning Plaintiffs' promissory estoppel, fraud (intentional misrepresentation), negligent misrepresentation, and breach of an implied covenant of good faith and fair dealing claims will be granted and these claims will be dismissed.īACKGROUND This case arises out of a default on an agreement to purchase Plaintiff Blue Mountain Mushroom Co. This court will grant Summary Judgment to Defendant in part. For reasons set forth below, we will grant Defendant's Motion for Reconsideration, and vacate our JOrder and withdraw the accompanying Memorandum.
Also before us is Defendant's Motion for Summary Judgment filed on July 14, 2002, and Plaintiffs' Memorandum in Opposition to Defendant's Motion for Summary Judgment filed on *398 July 18, 2002. Plaintiffs filed a Response on August 20, 2002. Presently before this court is Defendant's Motion for Reconsideration filed on August 6, 2002, requesting this court to reconsider our Memorandum and Order dated July 25, 2002. Lynn, Jr., Dilworth Paxson, LLP, Philadelphia, PA, for defendant. Biemer, Dilworth Paxson LLP, Philadelphia, PA, Donald B. Rodgers, Dilworth, Paxson, LLP, Philadelphia, PA, Thomas S. Shoop, Barley Snyder Senft & Cohen, Reading, PA, for plaintiffs. Muir, Kozloff Stoudt, Wyomissing, PA, Rees Griffiths, Barley Snyder Senft & Cohen, LLC, York, PA, George J. Haverstick, Barley, Snyder, Senft & Cohen, Lancaster, PA, John E.
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