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  5. 551 F.Supp.2d 159 (2008)
 

CLARKE v. PEEK `N PEAK RECREATION, INC.

No. 05-CV-595.

551 F.Supp.2d 159 (2008)

Patricia Ipaven CLARKE and Townsend Clarke, Plaintiffs, v. PEEK `N PEAK RECREATION, INC., Defendant.

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

March 18, 2008.

Attorney(s) appearing for the Case

Craig R. Watson, Paul William Beltz, P.C., Buffalo, NY, for Plaintiffs.

Brian A. Birenbach, Steven M. Zweig, Damon & Morey LLP, Buffalo, NY, for Defendant.

ORDER

RICHARD J. ARCARA, Chief Judge.

This case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1). Defendant filed a motion for summary judgment. On November 16, 2007, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendant's motion be denied.

Defendant filed objections to the Report and Recommendation on November 26, 2008, and plaintiffs' filed a reply thereto. Oral argument...

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