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Cole v. American Community Services

August 25, 2006

JOSEPH W. COLE, II, ET AL., PLAINTIFFS,
v.
AMERICAN COMMUNITY SERVICES, INC., DEFENDANT/THIRD-PARTY PLAINTIFF,
v.
U-GOLD KEY, INC., ET AL., THIRD-PARTY DEFENDANTS.



The opinion of the court was delivered by: Judge Graham

ORDER

On July 31, 2006, Defendant-Third Party Plaintiff American Community Services, Inc. ("ACS"), filed a Motion for Summary Judgment against Plaintiffs in this case (Doc. 53). In that Motion, ACS states that although it had a Motion to Dismiss for lack of personal jurisdiction pending (Doc. 8) it "hereby withdraws that motion, preferring to have this case decided on the merits." (Def. Mot. for Summ. J. 2.)

Accordingly, ACS's Motion to Dismiss for lack of personal jurisdiction (Doc. 8), is moot and shall be stricken from the record.

It is so ORDERED.

JAMES L. GRAHAM United States District Judge

20060825

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