MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
George W. Kennedy Construction Company, Inc. ("Kennedy") has moved to dismiss Count I of the recently-filed Cross-claim (the "Cross-claim") by Mackie Consultants, Inc. ("Mackie") and William Lorek ("Lorek") (collectively "Mackie-Lorek"), two of Kennedy's codefendants to the First Amended Complaint (the "Complaint") of U.S. Home Corporation ("U.S. Home").
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