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BANK v. PITT

No. 89-6149.

928 F.2d 1108 (1991)

Richard and Jane BANK, individually and on behalf of all those similarly situated, Plaintiffs-Appellants, v. John P. PITT, Edward A. Kramer, Edward L. Savage, Sr., R.C. Mattson, Sr., Telematics International, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 18, 1991.

Attorney(s) appearing for the Case

Marshall Cooper, Fort Lauderdale, Fla., Todd S. Collins, Philadelphia, Pa., for plaintiffs-appellants.

Sergio Alvarez-Mena, III, Morgan, Lewis & Bockius, Miami, Fla., for defendants-appellees.

Before CLARK and COX, Circuit Judges, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

Richard and Jane Bank appeal the district court's dismissal of their action for failure to state a claim upon which relief can be granted. We reverse and remand for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

In the context of a motion to dismiss, we accept as true facts alleged in the complaint, and construe them in a light favorable to the plaintiffs. Franklin v. Gwinnett County Pub. Schools, 911 F.2d...

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