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MIDDLESWORTH v. KANSAS CITY ATHLETICS DIV. OF CHAS. O. FINLEY

No. 68-689-Civ.

293 F.Supp. 296 (1968)

John MIDDLESWORTH, Plaintiff, v. KANSAS CITY ATHLETICS DIV. OF CHAS. O. FINLEY, etc., Defendant, v. CITY OF BRADENTON, Third-Party Defendant.

United States District Court S. D. Florida.

November 27, 1968.

Attorney(s) appearing for the Case

Spence, Payne & Masington, Miami, Fla., for plaintiff.

Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, Fla., for defendant.

Dixon, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for third-party defendant.

ORDER

FULTON, Chief Judge.

This cause came to be heard on the third party defendant's motion to dismiss. The issue presented is whether a federal court sitting in diversity must follow that Florida rule of law which states that a municipality has a common law right to be sued only in the county in which it is located.

A reading of City of Bradenton v. Finley, 208 So.2d 675 (Fla.App. 3rd Dist. 1968) indicates that...

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