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LUCK v. MOUNT AIRY NO. 1, LLC

No. 3:12cv887.

901 F.Supp.2d 547 (2012)

Peter C. LUCK and Kenneth N. Wynder, Jr., Plaintiffs v. MOUNT AIRY # 1, LLC; Lianne R. Asbury; Trevor Tasetano; Pennsylvania State Police; Joseph J. Kulick, Jr.; and Mark A. Kaye, Defendants.

United States District Court, M.D. Pennsylvania.

October 4, 2012.

Attorney(s) appearing for the Case

Kathleen E. Walters, The Higgins Law Office, Stroudsburg, PA, for Plaintiffs.

Michael F. Frisbie, Hendrzak & Lloyd, Center Valley, PA, Lucy E. Fritz, Office of Attorney General, Civil Litigation Section, Harrisburg, PA, for Defendants.

MEMORANDUM

JAMES M. MUNLEY, District Judge.

Before the court for disposition are the defendants' motions to dismiss the complaint (Docs. 14, 15) pursuant to Federal Rule of Civil Procedure 12(b)(6). The motions have been fully briefed and are ripe for disposition.

Background

On May 2, 2011, Plaintiffs Peter Luck and Kenneth Wynder (collectively "plaintiffs") entered Mount Airy Casino located in Mount Pocono, Pennsylvania, and spoke...

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