PRUDENTIAL COMMERCIAL REAL ESTATE; C. DAN JOYNER CO.; and MICHAEL QUILLAN, Plaintiffs, v. V.C. SMITH REAL ESTATE, INC.; RAY TRINE; O’NEAL McCALL; ELAINE ZACHARY or, in the Alternative, KENNETH L. DINGLER; ANDREA DINGLER; PATRICK KENNEDY; PATRICIA A. KENNEDY; and GIMLI, LTD., Defendants.

Civil No. 2:04CV276.United States District Court, W.D. North Carolina, Bryson City Division.
July 20, 2005

ORDER OF DISMISSAL
LACY THORNBURG, District Judge

THIS MATTER is before the Court on the Plaintiffs’ motion to dismiss their claims against the Defendants Kenneth L. Dingler, Andrea Dingler, Patrick Kennedy, Patricia A. Kennedy, and Gimli, Ltd., without prejudice. Counsel for these Defendants have consented to the motion; counsel for the Defendants V.C. Smith Real Estate, Ray Trine, O’Neal McCall and Elaine Zachary did not consent.

For the reasons set forth in the motion and counsel for the proposed dismissed Defendants having consented to the request,

IT IS, THEREFORE, ORDERED that the Plaintiffs’ motion to dismiss their claims against the Defendants Kenneth L. Dingler, Andrea Dingler, Patrick Kennedy, Patricia A.

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Kennedy, and Gimli, Ltd., is ALLOWED, and Plaintiffs’ claims as to these named Defendants are hereby DISMISSED WITHOUTPREJUDICE.

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