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GIANNETTI BROS. CONST. CORP. v. LEE COUNTY

No. 83-68 CIV-FtM-15.

585 F.Supp. 1214 (1984)

GIANNETTI BROTHERS CONSTRUCTION CORPORATION, a Florida corporation, Plaintiff, v. LEE COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendant.

United States District Court, M.D. Florida, Fort Myers Division.

May 4, 1984.

Attorney(s) appearing for the Case

James B. Tilghman, Jr., Scott D. Sheftall, Floyd, Pearson, Stewart, Richman, Greer, Weil & Zack, P.A., Miami, Fla., for plaintiff.

Thomas F. Icard, Jr., Donald E. Hemke, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, Fla., for defendant.

ORDER

CASTAGNA, District Judge.

This case presents the Court with a novel question of federal jurisdiction that is a matter of first impression. The Defendant has filed a Motion To Dismiss asserting that the Court lacks jurisdiction under 28 U.S.C. § 1331, the general federal question jurisdictional provision. Plaintiff has contested that assertion contending that the Complaint states a claim under numerous regulations promulgated by the Environmental...

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