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POPE v. CITY OF CLEARWATER

No. 90-1062-CIV-T-17A.

767 F.Supp. 1147 (1991)

F. Wallace POPE, Jr., as an individual plaintiff, and as a representative of a proposed class, Plaintiff, v. CITY OF CLEARWATER, a municipal corporation, Defendant.

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

July 12, 1991.

Attorney(s) appearing for the Case

John Alan Schaefer, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, Fla., for plaintiff.

Milton Alvin Galbraith, Jr., City Atty.'s Office, Clearwater, Fla., for defendant.

ORDER ON MOTION TO DISMISS

KOVACHEVICH, District Judge.

This cause is before the court on Defendant's motion to dismiss all Counts of the complaint and the response thereto. Defendant's motion alleges: 1) Plaintiff's action is barred by 28 U.S.C. Section 1342, the "Johnson Act", 2) Plaintiff has failed to state a substantial federal question, 3) Plaintiff has failed to allege a protected property interest which must be present to assert violations of due...

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