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McMURTRY v. CITY OF LARGO

No. 93-959-Civ-T-17C.

837 F.Supp. 1155 (1993)

Walter P. McMURTRY, Plaintiff, v. The CITY OF LARGO, Florida Municipal Corporation, Defendant.

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

November 10, 1993.

Attorney(s) appearing for the Case

Walter P. McMurtry, pro se.

Marion Hale, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, FL, for defendant.

ORDER ON MOTION TO DISMISS

KOVACHEVICH, District Judge.

This cause comes before the Court on Defendant City of Largo's motion to dismiss for failure to state a cause of action pursuant to Rule 12(b)(6), Fed.R.Civ.P. The motion was filed July 8, 1993. Response thereto was filed July 23, 1993.

A complaint should not be dismissed for failure to state a claim unless it appears beyond a doubt that the plaintiff can prove no set of facts that would entitle...

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