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ORR v. THORPE

No. 27674.

427 F.2d 1129 (1970)

Joseph A. ORR, Jr., individually, etc., et al., Plaintiffs-Appellants, v. A. D. THORPE, Robert R. Johnson, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 10, 1970.

Attorney(s) appearing for the Case

Jon C. Moyle, West Palm Beach, Fla., Glassie, Pewett, Beebe & Shanks, Hershel Shanks, Allan I. Mendelson, Washington, D. C., for appellants.

Howard M. Antevil, Jackson & Jackson, Michael E. Jackson, Palm Beach, Fla., for appellees.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.

WISDOM, Circuit Judge:

In this section 1983 case, the district court dismissed the complaint for failure to state a claim upon which relief could be granted.1 We send the case back to that court "for the normal process of development of the facts and the determination of the real merits of the case.". Merlite Land, Sea & Sky, Inc. v. Palm Beach Investment Properties, Inc., 5 Cir., 1970, 426 F.2d 495

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