BLAIR-NAUGHTON, L.L.C. v. DINER CONCEPTS, INC.

No. 06-1183-JTM.

568 F.Supp.2d 1249 (2008)

BLAIR-NAUGHTON, L.L.C., d/b/a Goodland Steakhouse Diner, Plaintiff, v. DINER CONCEPTS, INC., and Dinermite Diners, Inc., Georgia Corporations, David H. Bernstein, and Diane Bernstein, Defendants.

United States District Court, D. Kansas.

July 17, 2008.


Attorney(s) appearing for the Case

Ken M. Peterson, Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, Michael J. Day, Kite & Day, St. Francis, KS, for Plaintiff.

Laurence A. Taylor, Colby, KS, M. Duane Coyle, Paul J. Skolaut, Hinkle Elkouri Law Firm L.L.C., Wichita, KS, Villard Bastien, Law Offices of Villard Bastien LLC, Decatur, GA, for Defendants.


MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

This matter is before the court on the defendant Diane Bernstein's Motion to Dismiss (Dkt. No. 150). Because both defendant and plaintiff Blair-Naughton both rely heavily on evidentiary matters outside the pleadings, the court will resolve the motion as one for summary judgment.

Summary judgment is proper where the pleadings, depositions, answers to interrogatories, and admissions on file, together...

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