No. 88-702-CIV.

747 F.Supp. 1452 (1990)

David LINDER, et al., Plaintiffs, v. Adolfo CALERO PORTOCARRERO, et al., Defendants.

United States District Court, S.D. Florida.

September 17, 1990.

Attorney(s) appearing for the Case

Michael D. Ratner, Margaret Ratner, David Cole, Reed Brody, Morton Stavis, Peter Weiss, New York City, Daniel E. Jonas, Miami Beach, Fla., Margaret Winter, New York City, Jules Lobel, Professor of Law, University of Pittsburgh, Pittsburgh, Pa., Theodore M. Lieverman, Haddonfield, N.J., Michael Royce, Portland, Or., for plaintiffs.

Franklin Burt, John Kirkpatrick, Miami, Fla., for defendants.


MARCUS, District Judge.

THIS CAUSE is before the Court upon Defendants' Motion to Dismiss, first filed on August 8, 1988. The Court has twice taken extensive argument concerning this difficult motion. This action now arises from a five-count Amended Complaint charging Defendants with (1) wrongful death, (2) battery, (3) intentional infliction of emotional distress, (4) violation of Article 3 of the First Geneva Convention, the Second Geneva...

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