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BENSCH v. METROPOLITAN DADE COUNTY

No. 90-252-CIV.

798 F.Supp. 678 (1992)

Fred and Bonita BENSCH, et al., Plaintiffs, v. METROPOLITAN DADE COUNTY, the State of Florida, et al., Defendants.

United States District Court, S.D. Florida.

May 4, 1992.

Attorney(s) appearing for the Case

Mark V. Silverio, Miami, Fla., for plaintiff.

Stanley J. Niego, West Palm Beach, Fla., for defendants SFWMD and Maloy.

Joani Armstrong Coffey, Asst. State Atty., Miami, Fla., for defendants Metro Dade County.

ORDER

HOEVELER, District Judge.

THIS CAUSE comes before the Court on South Florida Water Management and John Maloy's Motion to Dismiss.

"[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-6, 78 S.Ct. 99, 101-2, 2 L.Ed.2d 80 ...

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