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ROSS v. HATFIELD

Civ. A. No. 85-2456.

640 F.Supp. 708 (1986)

Stanton E. ROSS and Merritt Ross, Plaintiffs, v. Marlene HATFIELD, Alan Williams, Gene Hamp, Christopher Pickering, and Cindy Scott, individually and as officers or members of the Summercrest Homes Association, Defendants.

United States District Court, D. Kansas.

July 1, 1986.

Attorney(s) appearing for the Case

Charles E. Hammond, Husch, Eppenberger, Donohue, Cornfeld & Jenkins, Kansas City, Mo., for plaintiffs.

Richard L. Routman, Grier & Swartzman, Mark S. Gunnison, McDowell, Rice & Smith, Kansas City, Kan., for defendants.

Frederick W. Finn, Lauritz S. Helland, Brown & Finn, Washington, D.C., for amicus curiae, The Satellite Television Industry Ass'n, Inc.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on defendants' motion to dismiss for lack of subject matter jurisdiction. For the reasons discussed below, defendants' motion will be granted.

Plaintiffs reside within a subdivision of Overland Park, Kansas, known as Summercrest. The defendants are officers or members of the Summercrest Homes Association Board of Managers. A restrictive covenant encumbers plaintiffs...

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