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BATTISTA v. CANNON

No. 96-688-CIV-T-17(A).

934 F.Supp. 400 (1996)

Michelle BATTISTA, f/k/a Michelle Brinson, Plaintiff, v. Lee CANNON, Sheriff of Pasco County, Florida, Defendant.

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

July 24, 1996.

Attorney(s) appearing for the Case

Craig A. Laporte, Riley, Proly & Laporte, Port Richey, FL, for Michelle Battista.

Keith C. Tischler, Powers, Quaschnick, Tischler & Evans, Tallahassee, FL, for Lee Cannon.

ORDER DENYING MOTION TO DISMISS

KOVACHEVICH, Chief Judge.

This cause comes before the Court for consideration of Defendant, Lee Cannon's, motion to dismiss the Plaintiff's complaint (Docket No. 4), filed April 29, 1996, and Plaintiff's response in opposition thereto, filed May 17, 1996 (Docket No. 10). Defendant asserts that the complaint fails to state claims upon which relief can be granted.

I. FACTUAL BACKGROUND

The complaint...

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