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SAN JACINTO SAV. ASS'N v. TDC CORP. OF FLORIDA

No. 88-1502-CIV-T-17.

707 F.Supp. 1579 (1989)

SAN JACINTO SAVINGS ASSOCIATION, Plaintiff, v. TDC CORP. OF FLORIDA, et al., Defendants.

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

March 17, 1989.

Attorney(s) appearing for the Case

Gregory G. Jones, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, Fla., for plaintiff.

Steven D. Merryday, David P. Rhodes, Glenn, Rasmussen, Fogarty, Merryday & Russo, Tampa, Fla., and Larry G. Mathews, Jr., Maura T. Smith, Smith, Mackinnon, Mathews & Harris, Orlando, Fla., for defendants.

ORDER ON MOTION TO DISMISS

KOVACHEVICH, District Judge.

This cause is before the Court on Defendants' motion to dismiss, 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, 101-02, 2 L.Ed.2d 80 (1957). A trial...

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