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MOORE v. CITY OF TALLAHASSEE

No. 94-40623-MMP.

928 F.Supp. 1140 (1995)

Devoe L. MOORE, Individually, and Devoe L. Moore, as Trustee of ABAC Auto Parts, Inc. Profit Sharing Trust and ABAC Auto Parts, Inc. Pension Trust, Plaintiffs, v. CITY OF TALLAHASSEE, a municipal corporation, organized under the laws of the State of Florida, Defendant.

United States District Court, N.D. Florida, Tallahassee Division.

November 4, 1995.

Attorney(s) appearing for the Case

Charles R. Gardner, Bruce Ivan Wiener, Gardner, Shelfer, Duggar & Bist, Tallahassee, FL, for plaintiffs.

J. Steven Carter, City Attorney, Edwin R. Hudson, Henry, Buchanan, Mick & English, Tallahassee, FL, for defendant.

ORDER

PAUL, Chief Judge.

This matter is before the Court on Defendant's Motion for Summary Judgment (doc. 42). Plaintiffs filed a response thereto (doc. 48). For the reasons explained at length below, Defendant's motion is hereby GRANTED IN PART.

I. BACKGROUND:

(a) The Complaint

This lawsuit, originally filed in Florida state court, contains two actions brought by Mr. Devoe Moore and ABAC Auto Parts, Inc. ("Plaintiffs"...

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