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EUBANKS v. GERWENS

No. 90-6369-CIV.

771 F.Supp. 1216 (1991)

Howard EUBANKS, Sr., Plaintiff, v. Joseph GERWENS, individually and as Chief of the Fort Lauderdale Police Department, Daniel Losey, individually and in his official capacity as officer for the Fort Lauderdale Police Department, and James Wigand, individually and as officer for the Fort Lauderdale Police Department, Defendants.

United States District Court, S.D. Florida.

September 11, 1991.

Attorney(s) appearing for the Case

Deutsch & Blumberg, P.A. by Mary B. Friedman, Miami, Fla., for plaintiff.

Gunther & Whitaker, P.A. by Robert H. Schwartz, Ft. Lauderdale, Fla., for defendants.

ORDER

EDWARD B. DAVIS, District Judge.

THIS MATTER is before the court on the Defendants' motion to dismiss and motion to strike.

On August 7, 1991, Magistrate Judge Peter R. Palermo recommended that this court deny the motions. The court agrees for the reasons stated in the Magistrate's report.

Therefore, after an independent review of the record and being otherwise fully advised, it is hereby

ORDERED AND ADJUDGED that the Defendants...

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