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S.E.C. v. PHYSICIANS GUARDIAN UNIT INV. TRUST

No. 99-1117-CIV-T-17A.

72 F.Supp.2d 1342 (1999)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. PHYSICIANS GUARDIAN UNIT INVESTMENT TRUST, by and through its Trustee, PHYSICIANS GUARDIAN, INC.; Physicians Guardian, Inc.; Physicians Guardian Insurance Corp.; ABFAC, Inc.; Tel Com Plus East, L.L.C.; Tel Com Plus West, L.L.C.; Charles Polley; and Robert W. Singerman, Defendants.

United States District Court, M.D. Florida.

October 29, 1999.

Attorney(s) appearing for the Case

Gwynne Alice Young, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, FL, for Gwynne A. Young.

Glenn A. Harris, Chedley C. Dumornay, J. Cindy Eson, Securities & Exchange Commission, Miami, FL, for Securities & Exchange Commission.

William C. Guerrant, Jr., Hill, Ward & Henderson, P.A., Tampa, FL, for Tel Com Plus East, L.L.C., Tel Com Plus West, L.L.C.

Burton Webb Wiand, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, FL, for Charles Polley.

John Robert Kiefner, Jr., Riden, Earle & Kiefner, P.A., St. Petersburg, FL, for Robert W. Singerman.

ORDER ON MOTION TO DISMISS PLAINTIFF'S COMPLAINT

KOVACHEVICH, Chief Judge.

This cause comes before the Court on:

Dkt. 47 Motion to Dismiss Dkt. 52 Response

STANDARD OF REVIEW

A complaint should not be dismissed for failure to state a claim unless it appears beyond a doubt that a complainant can prove no set of facts that support a claim for relief. Anderson v. Transglobe Energy Corp.,

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