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BOARD OF TRUSTEES OF THE CITY OF GAINESVILLE v. MONTAG & CALDWELL, INC.

No. 1D01-4545.

821 So.2d 1251 (2002)

The BOARD OF TRUSTEES OF THE CITY OF GAINESVILLE CONSOLIDATED POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT PLAN, Appellant, v. MONTAG & CALDWELL, INC., Appellee.

District Court of Appeal of Florida, First District.

July 31, 2002.

Attorney(s) appearing for the Case

Kenneth J. Vianale, Maya Saxena, and R. Timothy Vannatta of Milberg Weiss Bershad Hynes & Lerach LLP, Boca Raton; Stephen H. Cypen of Cypen & Cypen, Miami Beach, for Appellant.

James S. Quincey of Clayton-Johnston, P.A., Gainesville; Michael K. Wolensky of Kutak Rock LLP, Atlanta, GA, for Appellee.

PER CURIAM.

Appellant seeks review of a final order dismissing with prejudice for failure to state a cause of action its action seeking an accounting. Accepting the material factual allegations of appellant's complaint as true, as we are obliged to do, see, e.g., Andrews v. Fla. Parole Comm'n, 768 So.2d 1257, 1260 (Fla. 1st DCA 2000), we conclude that those allegations are sufficient to state a cause of action for an accounting...

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