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- IN THE CIRCUIT COURT OF THE 19TH
. JUDICIAL CIRCUIT IN AND FOR ST. .
. LUCIB COUNTY, STATE OF FLORIDA.
CASE N0. 79-80 CA
ARTHUR DAVIS and CALVIN SMITH, ~
Plaintiffs,
vs.
CITY OF FORT PIERCE. FLORIDA,
a municipal corporation, ~ -
et al,
Defendants.
ORDER ON MOTION TO DISMISS,
MOTION TO STRIKE and oral MOTION FOR
INTERLINEATION
~ THIS CAUSE having come on for hearing before the Court
on the Motion to Dismiss and Motion to Strike by the Defendants,
CITY OF FORT PIERCE, a municipal corporation, MAYOR BUELL BROWN,
JOHN D. BROWNING, HAVERT FENN, GROVER LESLIE, JACK LONG and '
WILLIAM R. MOORE, Director of Building and Zoning, and the
Plaint~iffs' oral Motion for Interlineation of the Defendants,
~ MAYOR BUELL BROWN, JOHN D. BROWNING, HAVERT FENN, GROVER LESLIE
t and JACK LONG, as the City Commnission of Fort Pierce, Florida,
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; and the Court having heard the arguments of counsel, the stipu-
lation of counsel, and having considered the issue of law and
statutory case authority, and being otherwise fully-a~;;ised in
the premises, it is thereupon
~ ORDERED and ADJUDGED as follows: -
~
1. The Motion to Dismiss as to Count II is hereby
~ granted as per the stipulation of the parties~ and the Plaintiffs -
~ are granted leave to amend the Second Amended Complaint as to
~ Count II and said amendment should be filed within sixty (60) days
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~ from the date of this Order.
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~ 2. The Motion to Dismiss as to Count I of the Second t
~
~
~ Amended Complaint is hereby denied.
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~ 3. The Defendants' Motion to Strike as to Exhibits "A",
~~B~~ ~ ~~E~~ ~ ~~F-1~~ ~ ~~H~~ ~ ~~I~~ and "J?' is granted. .
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