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LUNDY v. ADAMAR OF NEW JERSEY, INC.

No. 93-5265.

34 F.3d 1173 (1994)

Sidney LUNDY; Claire Lundy, Appellants, v. ADAMAR OF NEW JERSEY, INC., t/a Trop World, Defendant/Third Party Plaintiff, v. Dr. Domenic Frank CARLINO, individually; Dr. Domenic Frank Carlino, a Professional Association, Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Decided July 6, 1994.

Sur Petition for Rehearing August 12, 1994.

Attorney(s) appearing for the Case

Andrew F. Napoli (Argued), Norman R. Segal, Manchel, Lundy & Lessin, Philadelphia, PA, for appellants.

Stephen Hankin (Argued), Thomas F. Bradley, Hankin, Sandson & Sandman, Atlantic City, NJ, for appellee Adamar of New Jersey d/b/a TropWorld Casino and Entertainment Resort.

James P. Savio (Argued), Savio, Reynolds & Drake, Absecon, NJ, for appellees-third-party defendants, Dr. Dominic Frank Carlino and Dr. Dominic Frank Carlino, a Professional Ass'n.

BEFORE: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, and McKEE, Circuit Judges, and RESTANI, Judge, United States Court of International Trade.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Appellant Sidney Lundy suffered a heart attack while a patron at appellee's casino, TropWorld Casino ("TropWorld"), in Atlantic City, New Jersey. While he survived, Lundy was left with permanent disabilities. Lundy and his wife here appeal from a summary judgment entered against them by the district court. Their appeal raises two issues: (1) what duty, if any, did TropWorld owe under New Jersey law to provide...

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