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GERBER v. LONGBOAT HARBOUR NORTH CONDOMINIUM

No. 89-230-CIV-T-17(C).

724 F.Supp. 884 (1989)

Allen J. GERBER and Doris Pickett, Plaintiffs, v. LONGBOAT HARBOUR NORTH CONDOMINIUM, INC., Defendant.

United States District Court, M.D. Florida, Tampa Division.

November 17, 1989.

Attorney(s) appearing for the Case

James J. Boczar, P.A., Simon Rosin, P.A., and Paul L. Wean, Trial Counsel, Becker, Poliakoff & Streitfeld, P.A., Sarasota, Fla., for plaintiffs.

ORDER

KOVACHEVICH, District Judge.

This cause is before the Court upon Defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), Plaintiff's response thereto, and both parties cross-motions for summary judgment. Additionally, the Court ordered both parties to rebrief the issues presented. Those briefs are also before the Court.

Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) established...

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