Appledore

Title: Franklin “Tex” Appledoorn and Pauline Appledoorn, Plaintiffs, v. United…

Court: United States District Court, D. North Dakota, Southwestern Division

Case Number:1:10-cv-044.

Date: Apr 29, 2011

Facts:

Before the Court is the Plaintiffs’ Motion for Summary Judgment filed on October 22, 2010. See Docket No. 10. The Government filed a response in opposition to the motion on January 31, 2011.See Docket No. 21. Before the Court is also the Government’s Motion to Dismiss filed on January 31, 2011. See Docket No. 19. The Plaintiffs filed a response in opposition to the motion on February 10, 2011. See Docket No. 22. The Government filed a reply brief on February 25, 2011. See Docket No. 24. For the reasons explained below, the Court grants the Government’s motion to dismiss, denies the Plaintiffs’ motion for summary judgment as moot, and dismisses the Plaintiffs’ complaint with prejudice.

Issues:

CONCLUSION:

The Court has carefully reviewed the entire record, the parties’ briefs, and relevant case law. The Court GRANTS the Government’s Motion to Dismiss (Docket No. 19), FINDS AS MOOT the Plaintiffs’ Motion for Summary Judgment (Docket No. 10), and DISMISSES the Plaintiffs’ complaint with prejudice.

IT IS SO ORDERED.

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