WATSON, J.
On May 2, 1985, plaintiffs, Charles and Ruth Lowe, filed their complaint for specific performance naming, inter alia, as defendants, Rex E. Ely and Marshall McCachran.
On May 7, 1985, defendant McCachran filed his motion to dismiss the complaint as against him. On May 7, 1985, defendant Ely also filed a motion to dismiss, together with an accompanying affidavit, which for purposes of the motion to dismiss, this court shall disregard and exclude...
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