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GREAT-WEST LIFE & ANNUITY INS. CO. v. SMITH

No. 2:00CV273-FTM-29DNF.

180 F.Supp.2d 1311 (2002)

GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY and Royals, Inc. Plaintiffs, v. John SMITH, Stuart E. Goldenberg, and Lichtblau & Goldenberg, P.A. Defendants.

United States District Court, M.D. Florida, Fort Myers Division.

January 4, 2002.

Attorney(s) appearing for the Case

Raymond Sandias Castro, Raymond S. Castro, Raymond S. Castro, P.A., Tampa, FL, Thomas H. Lawrence, John M. Russell, Lawrence & Russell, LLP, Memphis, TN, for Great West Life & Annuity Insurance Company, Royals, Inc., plaintiffs.

John Smith, Clewiston, FL, Pro se.

John Vincent Tucker, Anderson & Tucker, St. Petersburg, FL, for Stuart E. Goldenberg, Lichtblau & Goldenberg, P.A., defendants.

ORDER

STEELE, District Judge.

This matter comes before the Court on Defendants, Stuart E. Goldenberg's and Lichtblau & Goldenberg, P.A.'s Motion to Dismiss (Doc. # 37), filed on August 29, 2001. Plaintiffs' Response (Doc. # 39) was filed on September 17, 2001.

In deciding a motion to dismiss, the Court must accept as true all factual allegations in the Complaint. Hughes v. United States, 110 F.3d 765

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