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Martin Ciociola v. Vince Iacone

January 25, 2011

MARTIN CIOCIOLA,
PLAINTIFF,
v.
VINCE IACONE, JR., INC., D/B/A VINCE IACONE'S SUNOCO, DEFENDANT.



The opinion of the court was delivered by: Gene E.K. Pratter Unitedstatesdistrictjudge

ORDER AND NOW, this 24th day of January, 2011, it is hereby ORDERED that Defendant Vince Iacone, Jr. Inc.'s Motion to Dismiss is DENIED.

It is further ORDERED that Iacone has leave to refile the portion of its Motion requesting dismissal for lack of jurisdiction pursuant to Rule 12(b)(6) as a motion for summary judgment, addressing the issue of whether Iacone fulfills the definition of an "employer" as that term is used in the Age Discrimination in Employment Act, 29 U.S.C. § 626(b).

BY THE COURT:

20110125

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