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CLAYMAN v. STARWOOD HOTELS & RESORTS WORLDWIDE

No. 02-2597-JWL.

343 F.Supp.2d 1037 (2004)

Benjamin CLAYMAN, Plaintiff, v. STARWOOD HOTELS & RESORTS WORLDWIDE, d/b/a Westin Resorts, a New York Corporation, Defendant.

United States District Court, D. Kansas.

November 3, 2004.

Attorney(s) appearing for the Case

Bobbie R. Bailey, Howard, Rome, Martin & Riddley, LLP, Redwood City, CA, Jeremy L. Friedman, Oakland, CA, for Plaintiff.

Jeffrey R. King, Lathrop & Gage L.C., Derrick A. Pearce, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, KS, John Austin Felton, Lathrop & Gage L.C., Kansas City, MO, for Defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Plaintiff filed suit against defendant based on negligence (breach of innkeeper's duty of care) and breach of contract. This matter is presently before the court on plaintiffs motion for partial summary judgment (doc. # 99) and defendant's motion for summary judgment (doc. # 104). Both motions for summary judgement are granted in part and denied in part. More specifically, the court grants defendant's motion...

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