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HEIDLE v. PROSPECT REEF RESORT, LTD.

No. 01-CV-0663(SR).

364 F.Supp.2d 312 (2005)

Cindy J. HEIDLE, Plaintiff, v. THE PROSPECT REEF RESORT, LTD. a.k.a. Prospect Reef Resort Vacation Club, Defendant.

United States District Court, W.D. New York.

February 28, 2005.

Attorney(s) appearing for the Case

Alan R. Feuerstein, Feuerstein & Smith, LLP, Buffalo, NY, for Plaintiff.

Brian P. Fitzgerald, Napier, Fitzgerald and Kirby LLP, Louis H. Siegel, Buffalo, NY; and Daniel G. McDermott, Donovan, Parry, McDermott & Radzik, New York, NY, for Defendant.

MEMORANDUM and ORDER1

ELFVIN, District Judge.

Heidle filed this personal injury action against, inter alios, The Prospect Reef Resort, Ltd. ("Prospect Reef") on September 20, 2001. Prospect Reef filed a renewed motion to dismiss pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure ("FRCvP") on November 29, 2004.2 Oral argument was heard and this matter was submitted January 7,...

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