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HOMECO DEVELOPMENTS v. MARKBOROUGH PROPERTIES

No. 85-8661-CIV.

709 F.Supp. 1137 (1989)

HOMECO DEVELOPMENTS, Mandalay Development, and Saturn Hereditaments, Ltd., Plaintiffs, v. MARKBOROUGH PROPERTIES, LTD., Merrill Lynch Realty, Inc., and Boca Pointe Realty, Inc., Defendants.

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

March 3, 1989.

Attorney(s) appearing for the Case

Frates Bienstock & Sheehe by Terry S. Bienstock, Miami, Fla., Alley Maass Rogers Lindsay & Chancey, P.A. by George P. Ord, Palm Beach, Fla., for defendants.

Kenny Nachwalter & Seymour, P.A. by James J. Kenny and David P. Frankel, Miami, Fla., for intervenor Porten Sullivan Corp. of Fla.

ORDER DENYING MERRILL LYNCH'S AMENDED MOTION TO DISMISS

JAMES LAWRENCE KING, Chief Judge.

Defendant Merrill Lynch has filed an amended motion to dismiss plaintiffs' amended complaint. Because the court vacated its previous order dismissing the case, the court now entertains this motion to dismiss.

The defendant's first argument supporting its motion to dismiss is that the plaintiffs lack the capacity to sue. Although organizations such as unincorporated...

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