Jankovich v. Bowen

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT AS TO DEFENDANTS’ COUNTERCLAIM

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes to this Court upon Plaintiffs/Counterdefendants’ Motion to Dismiss and Motion for Final Summary Judgment (D.E. # 14), filed August 12,1993. Defendants/Counterclaimants filed a memorandum of law in opposition (D.E. #26) on September 17, 1993. Plaintiffs filed their reply (D.E. #30) on October 1, 1993. The issues were fully briefed and oral argument held.

I. HISTORICAL BACKGROUND OF THE CASE

This case involves a…