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TJ's SOUTH, INC. v. TOWN OF LOWELL

No. 2:94-CV-203.

895 F.Supp. 1116 (1995)

TJ's SOUTH, INC., Plaintiff, v. The TOWN OF LOWELL, et al., Defendants.

United States District Court, N.D. Indiana, Hammond Division.

August 4, 1995.

Attorney(s) appearing for the Case

Jamie Golden Sypulski, Law Offices of Gerhard E.W. Kelter, Jr., Chicago, IL, for plaintiff.

Bruce P. Clark, Bruce P. Clark and Associates, Munster, IN, Mary K. McGahey, Merlo, Kanofsky, and Brinkmeier, Chicago, IL, James L. Clement, Jr., Hoeppner, Wager & Evans, Merrillville, IN, for defendants.

ORDER

LOZANO, District Judge.

This matter is before the Court on the Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by Defendants on June 5, 1995. For the reasons set forth below, the Motion is DENIED.

BACKGROUND

Plaintiff, TJ's South, Inc. ("TJ's") currently operates a tavern in Lowell, Indiana. Defendants are The Town of Lowell ("Lowell"), The Lowell Town Council...

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