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GIBBS v. REPUBLIC TOBACCO, L.P.

No. 8:00-CV-874-T-17B.

119 F.Supp.2d 1288 (2000)

Michael GIBBS, et al., Plaintiffs, v. REPUBLIC TOBACCO, L.P. and Top Tobacco, L.P. Defendants.

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

September 26, 2000.

Attorney(s) appearing for the Case

Michael Gibbs, Bowling Green, FL, pro se.

James Anthony, Hardee Correctional Institution, Bowling Green, Pro se.

Ricky Leon Baxter, Bowling Green, FL, pro se.

W. Gray Dunlap, Jr., Simmons & Dunlap, Tampa, FL, Paul H. Getzendanner, Bates, Meckler, Bulger & Tilson, Chicago, IL, for Republic Tobacco LP, Top Tobacco, L.P., defendants.

ORDER ON MOTION TO DISMISS COMPLAINT

KOVACHEVICH, District Judge.

This cause is before the Court on Defendants' Motion to Dismiss Complaint, (Dkt.14), and Plaintiffs' response thereto, (Dkt.16).

STANDARD OF REVIEW

A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) tests the sufficiency of a complaint and requests that the court determine whether the complaint sets forth sufficient allegations to establish a...

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