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FINN v. GUNTER

Nos. 82-5540, 83-3051.

722 F.2d 711 (1984)

Harry Joseph FINN, d/b/a University Insurance, Plaintiff-Appellant, v. Bill GUNTER, Allan J. Katz, Billy P. Canova, Robert A. Breckinridge, William T. Nunley, Henry E. Smith, Patrick H. Brenner, Jr., Russell W. Todd, Ellis A. Quigley, Robert E. McKenna and Thomas K. Sturgis, etc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 12, 1984.

Attorney(s) appearing for the Case

John A. Barley, Tallahassee, Fla., for plaintiff-appellant.

Ken Hoffman, Oertel & Laramore, Tallahassee, Fla., for defendants-appellees.

Before FAY and HENDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

FAY, Circuit Judge:

Appellant, Harry Joseph Finn d/b/a University Insurance appeals two separate orders by the United States District Court for the Northern District of Florida granting summary judgment. The district court sua sponte converted a Rule 12(b)(6) motion to dismiss into a summary judgment motion and did not give the appellant the 10 day notice required by Rule 56(c) before granting partial summary judgment...

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