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COLOMBO CANDY & TOBACCO v. AMERISTAR CASINO

Case No. 8:13CV148.

972 F.Supp.2d 1103 (2013)

COLOMBO CANDY & TOBACCO WHOLESALE CO., d/b/a Colombo Distribution, Plaintiff, v. AMERISTAR CASINO COUNCIL BLUFFS, INC., Defendant, Union Insurance, Intervenor.

United States District Court, D. Nebraska.

September 19, 2013.

Attorney(s) appearing for the Case

Jill R. Ackerman , Kenneth W. Hartman , Baird, Holm Law Firm, Omaha, NE, for Plaintiff.

Matthew B. Reilly , Tiernan T. Siems , Erickson, Sederstrom Law Firm, Omaha, NE, for Defendant.

MEMORANDUM AND ORDER

LAURIE SMITH CAMP, Chief Judge.

This matter is before the Court on the Defendant's Motion to Dismiss (Filing No. 13.) For the reasons discussed below, the Motion will be granted in part.

FACTUAL AND PROCEDURAL HISTORY

Colombo Candy & Tobacco Wholesale Co. ("Colombo") brought this action against Ameristar Casino Council Bluffs, Inc. ("Ameristar") in the District Court of Douglas County, Nebraska, alleging that Colombo...

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