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GTE DATA SERVICES v. ELECTRONIC DATA SYSTEMS CORP.

No. 87-384-CIV-T-17(C).

717 F.Supp. 1487 (1989)

GTE DATA SERVICES, INC., Plaintiff, v. ELECTRONIC DATA SYSTEMS CORPORATION, Defendant.

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

August 3, 1989.

Attorney(s) appearing for the Case

Richard Benjamin Wilkes, Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, Tampa, Fla., for plaintiff.

Michael S. Hooker, Glenn, Rasmussen, Fogarty, Merryday & Russo, Tampa, Fla., Phillip N. Smith, Jr., Robb L. Voyles, Baker & Botts, Dallas, Tex., for defendant.

ORDER ON MOTION TO DISMISS

KOVACHEVICH, District Judge.

This cause is before the Court on Defendant's motion to dismiss, filed March 27, 1989, and response thereto, filed May 8, 1989.

A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that Plaintiff can prove no set of facts that would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102...

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