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GILL v. DELAWARE PARK, LLC

No. CIV.03-436-SLR.

294 F.Supp.2d 638 (2003)

Michael J. GILL, Plaintiff, v. DELAWARE PARK, LLC, Sam Abbey, individually and in his official capacity as Racing Secretary for Delaware Park, William Rickman, Allen Iwinksi, and Scott Lake Defendants.

United States District Court, D. Delaware.

December 2, 2003.

Attorney(s) appearing for the Case

C. Malcolm Cochran, IV, Esquire and David A. Felice, Esquire of Richards, Layton & Finger, P.A., Wilmington, Delaware. Counsel for the Plaintiff. Of Counsel: Alexander J. Walker, Jr., Esquire and Daniel E. Will, Esquire of Devine, Millimet & Branch, P.A., Manchester, New Hampshire.

James F. Burnett, Esquire, W. Harding Drane, Jr., Esquire and Timonth Michael Holly, Esquire of Potter, Anderson & Corroon LLP, Wilmington, Delaware. Counsel for Defendants Delaware Park, LLC, Sam Abbey and William Rickman.

Joseph A. Gabay, Esquire and Neil R. Lapinkski, Esquire of Swartz Campbell LLC, Wilmington, Delaware. Counsel for Defendants Allen Iwinksi and Scott Lake.

MEMORANDUM OPINION

Sue L. ROBINSON, Chief Judge.

I. INTRODUCTION

This action was filed on April 30, 2003, and involves allegations of both federal statutory claims and state law claims sounding in tort. (D.I.1) The court has subject matter jurisdiction over the claims pursuant to 28 U.S.C. §§ 1331-32. Presently before the court are the following motions: (1) motion by defendants Delaware Park, LLC, Sam Abbey, and William Rickman to dismiss...

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