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IANNELLO v. BUSCH ENTERTAINMENT CORP.

No. 4:03 CV 138.

300 F.Supp.2d 400 (2004)

Dorothy IANNELLO, and Joseph Iannello, Plaintiffs, v. BUSCH ENTERTAINMENT CORPORATION, John Doe 1-5, Mary Doe 1-5, Doe Corporation 1-5, Defendants.

United States District Court, E.D. Virginia, Newport News Division.

January 27, 2004.

Attorney(s) appearing for the Case

Christian L. Connell, Esquire, Norfolk, VA, for Plaintiffs.

David C. Bowen, Esquire, Daniel T. Campbell, Esquire, Willcox & Savage, P.C., Norfolk, VA, for Defendants.

OPINION AND ORDER

REBECCA BEACH SMITH, District Judge.

This matter comes before the court on the motion of defendant Busch Entertainment Corporation ("Busch Entertainment") to dismiss Count Two of the complaint for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the motion to dismiss is GRANTED.

I. Factual and Procedural History

On May 29, 2003,...

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