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COMER v. CITY OF PALM BAY, FLA.

No. 00-13546 Non-Argument Calendar.

265 F.3d 1186 (2001)

Ronald COMER, Plaintiff, Kenneth Palmer, Plaintiff-Appellant, v. CITY OF PALM BAY, FLORIDA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 17, 2001.

Attorney(s) appearing for the Case

Craig Marc Rappel, Rappel & Rappel, P.A., Vero Beach, FL, for Plaintiff-Appellant.

Leonard A. Carson, Carson & Adkins, Tallahassee, FL, for Defendant-Appellee.

Before BIRCH, CARNES and HULL, Circuit Judges.

PER CURIAM:

Kenneth Palmer appeals the magistrate judge's denial of his motion to stay proceedings under the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C.App. § 521 ("the Act") and grant of defendant City of Palm Bay, Florida's ("City") motion for summary judgment.1 We AFFIRM the district court.

I. BACKGROUND

In 1998, Palmer and co-plaintiff, Ronald Comer, filed an action against the City alleging that...

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