MEMORANDUM AND ORDER
CRONE, United States Magistrate Judge.
Pending before the court is the Motion for Partial Summary Judgment and Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Defendants, Joe Appolito, Ella Appolito, James P. Hanson, Alton R. McKim, and Jo Anna Ivan (Docket Entry # 10). Plaintiffs, K & W Enterprises, Inc., K & W Enterprises 90-II, L.P., Marshall L. Worsham and D. Glen Kennedy did not respond to this motion...
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