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FUCILLO v. ALLIED BUSINESS BROKERS, INC.

No. 79-15-Orl-Civ-R.

480 F.Supp. 325 (1979)

Edward J. FUCILLO and John E. Fucillo, Plaintiffs, v. ALLIED BUSINESS BROKERS, INC., a Florida Corporation, Jimitz International Inc., a Florida Corporation, James J. Fetterhoff and Mitzi J. David, Defendants.

United States District Court, M. D. Florida, Orlando Division.

November 27, 1979.

Attorney(s) appearing for the Case

David H. Simmons, of Dempsey & Slaughter, P. A., Orlando, Fla., for plaintiffs.

Michael S. Gellert, Fort Lauderdale, Fla., for defendants.

MEMORANDUM OF DECISION

REED, District Judge.

The issue raised by the motion to dismiss the Amended Complaint is whether or not Counts 4, 6 and 7 state a claim on which relief can be granted. Counts 1, 2, 3, and 5 are pendent claims which have, according to the oral representation of the attorney for the plaintiff, been incorporated in a pending state court litigation. Those counts will, therefore, be dismissed without prejudice.

The Amended Complaint...

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