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the Squad Protection Glause in the Fourteenth Amendment to the
Constitution of the United States, for the reasons explained in
Plaintiffs' Supplemental Memorandum of LaY~t In Opposition to
Defendants' Motion to Dis~a?iss. Defead~unts' Motic~i to Dismiss the
_ Wrongful Death count with prejudice is denied.
_ 2. Defendants' Motion to Dismiss with prejudice is
also denied by virtue cf Florida Constitution Article 1, Section 21,
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_ 3. Pursuant to Stipulation made at the hearing, the
Complaint is dismissed without prejudice and Plaintiffs shall have
leave to file an amended Complaint within ten days of this Order. _
alleging that Plaintiffs are also suing as personal representatives
of the estate of the deceased, and that the issues of fact surrounding
the wrongful death action have been submitted to mediation._
4. Aefendants shall have ten days after the~Amended
Complaint is 'filed to file responsive pleadings and Plaintiffs shall-
, have ten days thereafter. to reply.
DONS AND ORDERED this day of Jantiary, 1980.
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