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IRVINE v. 233 SKYDECK, LLC

Case No. 08 C 4939.

597 F.Supp.2d 799 (2009)

George B. IRVINE, III, Individually and on Behalf of a Class, Plaintiff, and United States of America, Intervenor-Plaintiff, v. 233 SKYDECK, LLC and Does 1-10, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

February 12, 2009.

Attorney(s) appearing for the Case

Daniel A. Edelman, Cathleen M. Combs, James O. Latturner, Thomas Everett Soule, Edelman, Combs, Latturner & Goodwin, LLC, Chicago, IL, for Plaintiff.

Daniel Kadane Crane-Hirsch, Philip M. Toomajian, U.S. Department of Justice, Washington, DC, Thomas P. Walsh, United States Attorney's Office (NDIL), Chicago, IL, for Intervenor-Plaintiff.

George B. Collins, Adrian M. Vuckovich, Christopher Robert Bargione, Collins & Bargione, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

HARRY D. LEINENWEBER, District Judge.

Before the Court is Defendant's Motion to Dismiss Plaintiff's Complaint, filed pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, Defendant's Motion is Denied.

I. BACKGROUND

233 Skydeck, LLC (hereinafter, the "Defendant"), operates the Skydeck at the Sears Tower in Chicago, a popular tourist attraction that accepts...

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