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  5. 882 F.Supp. 34 (1995)
 

THOMAS v. DUNDEE RACEWAY PARK, INC.

No. 93-CV-963.

882 F.Supp. 34 (1995)

Robert THOMAS, Plaintiff, v. DUNDEE RACEWAY PARK, INC., Defendant.

United States District Court, N.D. New York.

April 14, 1995.

Attorney(s) appearing for the Case

Smyk, Smyk & Fahrenz, Binghamton, NY, for plaintiff (Stephen D. Smyk, of counsel).

Kenneth J. McGuire, Jr., Spring Valley, NY, for defendant.

[882 F.Supp. 35]

MEMORANDUM-DECISION and ORDER

HURD, United States Magistrate Judge.

I. INTRODUCTION.

The plaintiff has moved to dismiss the Fifth and Seventh affirmative defenses raised by the defendant in its answer. The defendant has cross-moved for summary judgment dismissing the complaint. The motions were submitted to the court without oral argument.

II.

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