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HILL v. STATE OF FLA. DHRS

No. 89-0027-CIV-T-17-(A).

715 F.Supp. 346 (1989)

Gail B. HILL, Plaintiff, v. The STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Patricia S. Bailey, individually and in her capacity as a supervisor for the Department of Health and Rehabilitative Services, Defendants.

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

July 11, 1989.

Attorney(s) appearing for the Case

John A. Shahan, Tarpon Springs, Fla., for plaintiff.

Richard A. Nielsen and Lyndi Gordon, Salem, Saxon & Nielsen, P.A., Tampa, Fla., for defendants.

ORDER ON MOTION TO DISMISS

KOVACHEVICH, District Judge.

This cause is before the Court on Defendant's motion to dismiss pursuant to Fed.R. Civ.P. 12(b)(6), and Plaintiff's response thereto.

A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that Plaintiff can prove no set of facts that would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99...

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