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05-1348 - Gallagher et al v. Magner et al


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05-1348 - Gallagher et al v. Magner et al
December 18, 2008
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ORDER granting 166 Motion for Summary Judgment., IT IS ORDERED THAT:1.Defendants Motions for Summary Judgment [Docket No. 198 in Civil No. 04-2632, Docket No. 173 in Civil No. 05-461, and Docket No. 166 in Civil No. 05-1348] are GRANTED.2.All Counts in Civil Nos. 04-2632, 05-461, and 05-1348 are DISMISSED WITHOUT PREJUDICE as to John Doe, Jane Doe, and Jane Roe.3.Counts VI in Civil Nos. 04-2632, 05-461, and 05-1348 are DISMISSED WITHOUT PREJUDICE to the extent they are based on the right to freedom from the taking of property without just compensation under the Fifth Amendment to the U.S. Constitution.4.Count VIII in Civil No. 05-1348 is DISMISSED WITHOUT PREJUDICE.5.Except as stated in paragraphs 2-4, all remaining claims in Civil Nos. 04 2632, 05-461, and 05-1348 are DISMISSED WITH PREJUDICE.LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Judge Joan N. Ericksen on December 18, 2008. (slf)