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ZBYLUT v. HARVEY'S IOWA MANAGEMENT CO. INC.

No. CIV.1-00-CV-10076.

250 F.Supp.2d 1104 (2003)

Raymond ZBYLUT, Plaintiff, v. HARVEY'S IOWA MANAGEMENT COMPANY INC. and/or Harvey's Casino, Defendant.

United States District Court, S.D. Iowa, Western Division.

February 28, 2003.

Attorney(s) appearing for the Case

Bruce B. Green, Willson & Pechacek PCL, Council Bluffs, IA, Dennis M. O'Bryan, Kirk E. Karamanian, O'Bryan Baun Cohen & Kuebler, Birmingham, MI, for Plaintiff.

Donald J. Pavelka, Jr., Thomas M. Braddy, Locher Cellini Pavelka & Dostal LLC, Omaha, NE, for Defendants.

ORDER

LONGSTAFF, Chief Judge.

THE COURT HAS BEFORE IT defendant's motion for summary judgment, filed December 2, 2002. Plaintiff resisted the motion December 24, 2002 defendant filed a reply on January 2, 2003. The motion is fully submitted.1

I. BACKGROUND

The following relevant facts either are not in dispute or are viewed in a light most favorable to plaintiff. On October 8, 1999, plaintiff Raymond Zbylut...

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