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  5. 424 F.Supp. 1322 (1976)
 

POINT OF AMERICAS CONDOMINIUM APTS., INC. v. GEN. BUILDERS CORP.

No. FL75-163-CIV-JLK.

424 F.Supp. 1322 (1976)

POINT OF AMERICAS CONDOMINIUM APARTMENTS, INC. — PHASE II, et al., Plaintiffs, v. GENERAL BUILDERS CORPORATION et al., Defendants, v. Harold LIEBMAN et al., Third-Party Defendants.

United States District Court, S. D. Florida, Miami Division.

December 20, 1976.

Attorney(s) appearing for the Case

Ruden, Barnett, McClosky, Schuster & Schmerer, Fort Lauderdale, Fla., for plaintiffs.

Fleming, O'Bryan & Fleming, Fort Lauderdale, Fla., for defendants.

ORDER

JAMES LAWRENCE KING, District Judge.

This cause came on for consideration sua sponte. The court, having considered the record and being fully advised in the premises, finds and concludes that the third-party complaint and the counterclaim should be dismissed; pendent jurisdiction should be declined; and subject matter jurisdiction should be briefed by the parties.

The complaint in the instant case was filed on April 14, 1976, as a class action...

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