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INTEGRATED LIVING COMMUNITIES v. HOMESTEAD CO.

No. 98-4235-DES.

106 F.Supp.2d 1141 (2000)

INTEGRATED LIVING COMMUNITIES, INC., Plaintiff, v. The HOMESTEAD COMPANY, L.C., Defendant.

United States District Court, D. Kansas.

June 23, 2000.

Attorney(s) appearing for the Case

Randall J. Forbes, Kevin M. Fowler, Clinton E. Patty, Frieden, Haynes & Forbes, Topeka, KS, for Integrated Living Communities, Inc., plaintiff.

Michael J. Norton, Foulston & Siefkin L.L.P., Wichita, KS, Terry L. Malone, Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., Wichita, KS, for Homestead Company, L.C., The, defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on plaintiff's Motion for Summary Judgment (Doc. 27). Both parties have filed briefs on this motion and the court is prepared to rule.

I. FACTUAL BACKGROUND

The basic facts in this case are not in dispute. The parties entered into a signed agreement for the sale of property. The pertinent language in the contract reads as follows:

Homestead will...

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