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RUSHING v. WELLS FARGO BANK, N.A.

Case No. 8:10-cv-1572-T-24-AEP.

752 F.Supp.2d 1254 (2010)

Karen E. RUSHING, as Clerk of the Circuit Court and County Comptroller of Sarasota County, Florida, Plaintiff, v. WELLS FARGO BANK, N.A., as successor-in-interest to Wachovia Bank, N.A., Defendant.

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

November 8, 2010.

Attorney(s) appearing for the Case

Walter Andrew Clayton, Jr., Johnson, Browning & Clayton, Frederick Joseph Elbrecht, Sarasota, FL, for Plaintiff.

Jack B. Cobetto, Mary J. Hackett, Reed Smith, LLP, Pittsburgh, PA, Kevin P. McCoy, Samuel J. Salario, Jr., Carlton Fields, PA, Tampa, FL, for Defendant.

ORDER

SUSAN C. BUCKLEW, District Judge.

This cause comes before the Court on Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss Counts I, II, III, and V of the Complaint. (Doc. No. 12). Plaintiff opposes this Motion. (Doc. No. 14). After careful consideration of the allegations of the Complaint (Doc. No. 2), the Court concludes that the motion should be granted as to Counts I and V, and denied as to Counts II and III.

I. Background

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