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GAINER v. CITY OF WINTER HAVEN, FLA.

No. 8:00CV1098T17MAP.

170 F.Supp.2d 1225 (2001)

R. Brock GAINER and Marie F. Gainer Plaintiffs, v. CITY OF WINTER HAVEN, FLORIDA, Defendant.

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

June 13, 2001.

Attorney(s) appearing for the Case

Thomas J. Pilacek, Thomas J. Pilacek & Associates, Winter Springs, FL, for R. Brock Gainer, Marie F. Gainer.

Robert Joseph Antonello, Law Office of Robert J. Antonello, Winter Haven, FL, Donald T. Ryce, Hogg, Ryce & Hudson, Miami Beach, FL, for City of Winter Haven, FL.

ORDER ON DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT

KOVACHEVICH, District Judge.

This cause comes before the Court on the following Motion and response: Defendant, City of Winter Haven's, Motion to Dismiss the amended complaint (Dkt.28); and Plaintiffs, Brock and Marie Gainer's, Memorandum in opposition to Defendant's Motion to Dismiss (Dkt.31).

FACTUAL BACKGROUND

The following "facts" are taken as true for purposes of the pending...

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