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FLETCHER v. DIAMONDHEAD COUNTRY CLUB AND PROPERTY OWNERS ASSOCIATION INC.

Cause No. 1:13CV223-LG-JCG.

JOHN FLETCHER; ELENA WEBER; JERRY WEBER; THOMAS ALFONSO; ANNE ALFONSO; and ROBERT ESHER, Plaintiffs, v. DIAMONDHEAD COUNTRY CLUB AND PROPERTY OWNERS ASSOCIATION INC.; MARSHALL KYGER, in his official capacity as President of the Diamondhead Country Club and Property Owners Association Inc.; and BOARD OF DIRECTORS, in their official capacities, Defendants.

United States District Court, S.D. Mississippi, Southern Division.

October 27, 2014.

Attorney(s) appearing for the Case

John Fletcher, Plaintiff, represented by Charles B. Irvin , ACLU OF MISSISSIPPI.

Elena Weber, Plaintiff, represented by Charles B. Irvin , ACLU OF MISSISSIPPI.

Jerry Weber, Plaintiff, represented by Charles B. Irvin , ACLU OF MISSISSIPPI.

Thomas Alfonso, Plaintiff, represented by Charles B. Irvin , ACLU OF MISSISSIPPI.

Anne Alfonso, Plaintiff, represented by Charles B. Irvin , ACLU OF MISSISSIPPI.

Robert Esher, Plaintiff, represented by Charles B. Irvin , ACLU OF MISSISSIPPI.

Diamondhead Country Club and Property Owners Association, Inc., Defendant, represented by Richard B. Tubertini , HAILEY, MCNAMARA, HALL, LARMANN & PAPALE, LLP & Henry John Gutierrez , HAILEY, MCNAMARA, HALL, LARMANN & PAPALE, LLP.

Marshall Kyger, Defendant, represented by Richard B. Tubertini , HAILEY, MCNAMARA, HALL, LARMANN & PAPALE, LLP & Henry John Gutierrez , HAILEY, MCNAMARA, HALL, LARMANN & PAPALE, LLP.

Board of Directors, Defendant, represented by Richard B. Tubertini , HAILEY, MCNAMARA, HALL, LARMANN & PAPALE, LLP & Henry John Gutierrez , HAILEY, MCNAMARA, HALL, LARMANN & PAPALE, LLP.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

LOUIS GUIROLA, Jr., Chief District Judge.

BEFORE THE COURT is the [107] Motion for Summary Judgment filed by Defendants Diamondhead Country Club and Property Owners Association Inc. ("DPOA") and Marshall Kyger ("Kyger") in his official capacity as President of the DPOA. Having reviewed the submissions of the parties and the relevant law, the Court is of the...

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