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WILKOFSKY v. AM. FEDERATION OF MUSICIANS, LOCAL 45

No. 5:22-cv-1424.

609 F.Supp.3d 360 (2022)

Glen WILKOFSKY, Plaintiff, v. AMERICAN FEDERATION OF MUSICIANS, LOCAL 45, and Allentown Symphony Association Inc., Defendants.

United States District Court, E.D. Pennsylvania.

Signed June 29, 2022.

Attorney(s) appearing for the Case

Danielle Ruth Acker Susanj, Tessa Elizabeth Shurr, Nathan John McGrath, The Fairness Center, Harrisburg, PA, for Plaintiff.

Quintes D. Taglioli, Markowitz & Richman, Allentown, PA, for Defendant American Federation of Musicians, Local 45.

Robert Mahoney, Norris McLaughlin & Marcus, Bridgewater, NJ, Rebecca J. Price, Norris, McLaughlin & Marcus, P.A., Allentown, PA, for Defendant Allentown Symphony Association Inc.

OPINION

Defendants' motions to dismiss, ECF Nos. 6 and 11 — Granted

I. INTRODUCTION

This case raises the question: does a private party act under color of state law simply because the state permits their conduct? The answer is no.

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