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C.E. MIDDLEBROOKS v. CITY OF EUSTIS

No. 82-151-Civ-Oc.

563 F.Supp. 1060 (1983)

C.E. MIDDLEBROOKS, Plaintiff, v. CITY OF EUSTIS, Florida, Defendant.

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

April 15, 1983.

Attorney(s) appearing for the Case

Laurence J. Pino, Orlando, Fla., for plaintiff.

Andrew G. Pattillo, Jr., Russell W. LaPeer, Ocala, Fla., Robert E. Austin, Jr., Leesburg, Fla., for defendant.

ORDER

CHARLES R. SCOTT, Senior District Judge.

This matter is before the Court upon defendant's motion to dismiss. Plaintiff has filed a memorandum in opposition to which defendant has replied.

Defendant first contends that Count I of the complaint fails to state a restraint of trade claim under Section 1 of the Sherman Act because plaintiff has failed to allege the essential elements of such an action. The elements of an action under Section 1 of...

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