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EVERDELL v. PRESTON

No. 89-624-CIV-T-17(C).

717 F.Supp. 1498 (1989)

William EVERDELL, et al., Plaintiffs, v. Walter L. PRESTON, et al., Defendants.

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

August 9, 1989.

Attorney(s) appearing for the Case

Leigh E. Dunston, Stephen L. Hayford, Gunster, Yoakley, Criser & Stewart, P.A., West Palm Beach, Fla., for plaintiffs.

Charles W. Pittman, MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., for defendants.

ORDER ON MOTIONS TO DISMISS

KOVACHEVICH, District Judge.

This cause is before the Court on Defendants' motions to dismiss the claims of the estate of Marian P. Darling and to dismiss the claims of Eleanore D. Everdell, filed May 25, 1989; memoranda in support of the motions, filed June 1, 1989; and responses thereto, filed June 22, 1989.

A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that Plaintiff...

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