KFH Realty, LLC et al v. Wells Fargo Bank, N.A.

Filing 125

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/16/12. (scn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION KFH REALTY, LLC and KIM F. HENDERSON, ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. WELLS FARGO BANK, N.A., Defendant. CIVIL ACTION NO. 2:11cv278-MHT (WO) OPINION The plaintiffs assert state-law claims of fraud, suppression, breach of contract, wantonness against defendant. the court on recommendation the that United negligence, and This lawsuit is now before States defendant’s Magistrate motion for Judge’s summary judgment be denied, defendant’s motion to dismiss be granted, and this case be dismissed without prejudice. Also before the court are defendant’s objections to the recommendation. After an independent and de novo review of the record, the court concludes that the objections should be overruled and the recommendation adopted. An appropriate judgment will be entered. DONE, this the 16th day of November, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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