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CONE CORP. v. FLORIDA DEPT. OF TRANSP.

No. 90-563-CIV-T-17(C).

744 F.Supp. 269 (1990)

The CONE CORPORATION, Plaintiff, v. The FLORIDA DEPARTMENT OF TRANSPORTATION, et al., Defendants.

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

September 7, 1990.

Attorney(s) appearing for the Case

Maxwell G. Battle, Jr., Maxwell Battle, Jr., Pa., Dunedin, Fla., Herbert P. Schlanger, Law Office of Herbert P. Schlanger, P.C., Atlanta, Ga., for plaintiff.

ORDER ON MOTION TO DISMISS

KOVACHEVICH, District Judge.

This cause is before the Court on Defendants' motion to dismiss or for more definite statement, filed June 7, 1990, and response thereto, filed June 25, 1990.

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

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