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U.S. v. KULHANEK

C.A. No. 08-211.

755 F.Supp.2d 659 (2010)

UNITED STATES of America, Plaintiff, v. Anne Jane KULHANEK, et al., Defendants.

United States District Court, W.D. Pennsylvania.

December 8, 2010.

Attorney(s) appearing for the Case

Gerald A. Role, United States Department of Justice, Washington, DC, Michael C. Colville, United States Attorney's Office, Pittsburgh, PA, for Plaintiff.

William T. Morton, Law Office of William T. Morton, Erie, PA, for Defendants.

MEMORANDUM OPINION

SEAN J. McLAUGHLIN, District Judge.

Presently pending before the Court is Defendants' Second Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons which follow, the motion will be denied.

I. BACKGROUND

Defendants Anne Jane Kulhanek, Barbara J. Smith, and Susan C. Ulf ("Defendants") are the surviving daughters of Robert Q. Roth, Sr. ("Roth"), who died in Erie, Pennsylvania on June...

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