MEMORANDUM AND ORDER
LUNGSTRUM, District Judge.
This matter comes before the court on defendant MidAmerican Bank & Trust Company's (MidAmerican) motion to dismiss Counts I, II, and III of plaintiff's complaint, or in the alternative, for judgment on the pleadings, or in the alternative, for summary judgment (Doc. # 30) and the plaintiffs' cross motion for summary judgment (Doc. # 39) as it relates to MidAmerican only. The portion of the plaintiffs...
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