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McELWEE v. WHARTON

No. 1:98CV126.

19 F.Supp.2d 766 (1998)

John McELWEE, Plaintiff, v. Gary WHARTON, Hazel Wharton, Omni Communications, and Omco, Inc., a Michigan corporation., Defendants.

United States District Court, W.D. Michigan, Southern Division.

September 3, 1998.

Attorney(s) appearing for the Case

Thomas F. Kcernke, Boyden, Waddell, Timmons & Dilley, Grand Rapids, MI, Kenneth L. McElwee, Slattery McElwee & Jespersen, Short Hills, NJ, for Plaintiff.

Jack L. Hoffman, Wheeler Upham, PC, Grand Rapids, MI, for Defendants

ORDER

ENSLEN, Chief Judge.

In accordance with the Court's Opinion of this date;

IT IS HEREBY ORDERED that Defendant Hazel Wharton's Motion for Summary Judgment (Dkt. No. 14) is DENIED.

IT IS FURTHER ORDERED that the Defendants' Motion to Dismiss Count I (Dkt. No. 12) is GRANTED and that Count I of the Amended Complaint is hereby

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