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FONTAINEBLEAU HOTEL CORP. v. WALTERS

No. 39504.

246 So.2d 563 (1971)

FONTAINEBLEAU HOTEL CORP., a Florida Corporation, Petitioner, v. David WALTERS and Arthur Courshon, Respondents.

Supreme Court of Florida.

Rehearing Denied April 26, 1971.

Attorney(s) appearing for the Case

Shalle Stephen Fine, Miami, for petitioner.

S. Harvey Ziegler, of Walters, Moore & Costanzo, Miami, for David W. Walters; Ely R. Katz and Michael H. Salmon, Miami Beach, for Arthur H. Courshon, respondents.

MURPHREE, Circuit Judge.

Certiorari was granted to review a decision of the District Court of Appeal, Third District, reported at 231 So.2d 240, which affirmed the dismissal with prejudice by the trial court of petitioner's second amended complaint.

The second amended complaint, omitting those parts not now pertinent, alleged the following:

"In April of 1967, the Defendants, acting jointly and severally, engaged...

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