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SPARKS v. PORTER

Civ. A. No. 1248.

270 F.Supp. 953 (1967)

Lola SPARKS, as Administratrix of the Estate of Steven Wayne Sparks, Deceased, Plaintiff, v. R. K. PORTER, Individually, and d/b/a Westgate Motel, and George E. Porter Enterprises, Inc., a Florida corporation, Defendants.

United States District Court N. D. Florida, Tallahassee Division.

July 14, 1967.

Attorney(s) appearing for the Case

Seymour H. Rowland, Jr., of Parker, Foster & Madigan, Tallahassee, Fla., for plaintiff.

Helen C. Ellis, of Keen, O'Kelley & Spitz, Tallahassee, Fla., for defendant.

MEMORANDUM-DECISION

CARSWELL, Chief Judge.

Plaintiff here has filed motion to strike all defenses directed against all defendants on the ground that the provisions of Section 865.09, Florida Statutes, has not been complied with by defendants. This statute is commonly known as the fictitious name statute and provides in pertinent part as follows:

"(3) It shall be unlawful for any person or persons, as defined herein,

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