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  5. 38 F.Supp.2d 1338 (1998)
 

COLLINS & CO., INC. v. CITY OF JACKSONVILLE

No. 96-1017-CIV-J-21-C.

38 F.Supp.2d 1338 (1998)

COLLINS & COMPANY, INC., a Florida corporation; Stokes Collins, Inc., a Florida corporation; and Plum Tree Developers, Inc., a Florida corporation, Plaintiffs, v. The CITY OF JACKSONVILLE, a municipal corporation, Defendant.

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

May 8, 1998.

Attorney(s) appearing for the Case

Kurt Hughes Dunkle, Theodore Ronald Hainline, Jr., Rogers, Towers, Bailey, Jones & Gay, Jacksonville, FL, for Collins & Company, Inc., Stokes Collins, Inc., Plum Tree Developers, Inc., plaintiffs.

Bruce Dean Page, Sr., General Counsel's Office, Jacksonville, FL, for City of Jacksonville, defendant.

ORDER

NIMMONS, District Judge.

This cause comes before the Court on Defendant's Motion to Dismiss (Dkt.5) and Plaintiffs' Response (Dkt.6) in opposition thereto. Also filed herein is Plaintiffs' Notice of Supplemental Authority (Dkt.25).

I. Motion to Dismiss Standard

It is well established that "a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would not be...

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