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HARDER v. RAFFERTY

No. 88-1334-CIV-T-17(B).

709 F.Supp. 1111 (1989)

Charles E. HARDER, etc., Plaintiff, v. J. Thomas RAFFERTY, etc., Defendant.

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

March 28, 1989.

Attorney(s) appearing for the Case

Anthony P. Valente Jr., Knaust & Byrne, St. Petersburg, Fla., for plaintiff.

Donald E. Hemke, Carlton, Fields, Ward, Emmanuel Smith & Cutler, Tampa, Fla., for defendant.

ORDER ON MOTIONS

KOVACHEVICH, District Judge.

The cause is before the Court on Defendant's motion to dismiss or in the alternative motion for summary judgment, filed November 2, 1988; Plaintiff's response, filed November 23, 1988; and court-ordered joint memorandum of law, filed February 16, 1989.

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...

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