McCARTHY v. BARNETT BANK OF POLK COUNTY

No. 88-311-Civ-T-17(B).

750 F.Supp. 1119 (1990)

Maurice F. McCARTHY, Jr., M.D., et al., Plaintiffs, v. BARNETT BANK OF POLK COUNTY, A Florida Bank, and Barnett Banks, Inc., a Florida corporation, Defendants.

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

October 15, 1990.


Attorney(s) appearing for the Case

Karl V. Hart, Shutts & Bowen, Orlando, Fla., Donald H. Wilson, Jr., Boswell, Stidham, Conner & Wilson, P.A., Bartow, Fla., for plaintiffs.

Peter W. Homer, Trial Counsel, Greer, Homer, Cope & Bonner, P.A., Miami, Fla., Robert J. Winicki, Lamar Winegeart, III, Trial Counsel, Mahoney, Adams, Milam, Surface & Grinsley, Jacksonville, Fla., Robert E. Puterbaugh, Peterson, Myers, Craig, Crews, Brandon & Mann, Lakeland, Fla., for defendants.

Deborah R. Linfield, New York City, for Lakeland Ledger Pub. Corp.

Wofford H. Stidham, Bartow, Fla., for Receiver William H. McBride, Jr.

Robert K. Good, Office of the Comptroller, Orlando, Fla., John W. Campbell, MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., for Comptroller of the State of Fla.


ORDER

KOVACHEVICH, District Judge.

THIS CAUSE is before the Court on motions to dismiss Plaintiffs' Third Amended Complaint filed by Defendants, BARNETT BANK OF POLK COUNTY, a Florida bank and BARNETT BANKS, INC., a Florida corporation. This case involves allegations of securities fraud, RICO violations, Florida Criminal Practices Act violations, common law fraud, conspiracy and breach of fiduciary duty.

Plaintiffs in this action are former investors...

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