CAPELETTI BROS., INC. v. BROWARD COUNTY

No. 90-6204-CIV-JAG.

738 F.Supp. 1415 (1990)

CAPELETTI BROTHERS, INC., Weekley Asphalt Paving, Inc., Westwind Contracting, Inc., and Hardrives Company, Plaintiffs, v. BROWARD COUNTY and L.A. Hester, Defendants.

United States District Court, S.D. Florida, Fort Lauderdale Division.

June 28, 1990.


Attorney(s) appearing for the Case

Herbert P. Schlanger, Schlanger, P.C., Atlanta, Ga., Charles S. Caulkins, Fisher & Phillips, Ft. Lauderdale, Fla., for plaintiffs.

Henry Latimer, Fine Jacobson Schwartz Nash Block & England, Ft. Lauderdale, Fla., for defendants.


ORDER

GONZALEZ, District Judge.

THIS CAUSE has come before the court upon the motion of the defendants to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The plaintiffs have filed an opposing response and the defendants replied. The court has also heard oral argument of able counsel at the hearing held on May 11, 1990.

The plaintiffs are general and subcontractors who have and intend in the future to bid on building projects...

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