PORTERIE, District Judge.
Though this case has been submitted in full and on its merits, it is our duty first to consider the motion to dismiss filed by the defendant on the ground that the petition fails to state a claim upon which relief can be granted. The motion to dismiss was fully presented orally, and at that time an amended complaint was permitted by the Court to be filed showing that plaintiff completed the sale of the remaining portion of Brookwater Plantation...
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