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MERLITE LAND, INC. v. PALM BEACH INVEST. PROP.

No. 28565 Summary Calendar.

426 F.2d 495 (1970)

MERLITE LAND, SEA & SKY, INC., Plaintiff-Appellant, v. PALM BEACH INVESTMENT PROPERTIES, INC., etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 19, 1970.

Attorney(s) appearing for the Case

Marvin I. Wiener, Miami, Fla., Judith A. Brechner, Miami Beach, Fla., for plaintiff-appellant.

Herbert C. Zemel, Michael S. Goldberg, of Zemel, Kaufman & Zemel, Miami Beach, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and MORGAN and CLARK, Circuit Judges.

JOHN R. BROWN, Chief Judge.

In this Florida diversity case we must again send a case back for the normal process of development of the facts and the determination of the real merits of the case.1 "This is but a different prelude to the common refrain and the high mortality rate to a dismissal under F.R.Civ.P. 12(b) for failure to state a claim". Pred v. Board of Public Instruction of Dade County...

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