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IN Ti1E CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, IN AND FOR SAINT
LUCIE COUNTY, FLORIDA.
CASE NO. 80-247 CA
GERALD FRIEDMAN, M.D.,
Plaintiff,
vs.
AMERICAN VAN & STORAGE, INC.,
Defendant.
ORDER
THIS CAUSE having come before the undersigned on January
30, 1981, upon the Motion of the Defendant, AMERICAN VAN & STORAGE,
INC., for a Rehearing, and Defendant's Defensive riotions to Second
Amended Complaint, and having heard argument of counsel, having reviewed
the record and being otherwise advised in the premises, it is accordingly,
ORDERED AND ADJUDGED as follows:
1. Defendant's motions are granted to the extent that Plaintiff,
GERALD FRIEDMAN, shall file a Third Amended Complaint wherein the various
counts shall be clearly delineated and titled as to the nature and
basis of the remedy ~et forth in each such count; it is further hel3
that such State or common law remedies as may be available to Plaintiff
herein respecting the liability of the Defendant are not pre-empted by
the Federal Interstate Commerce Act but othercaise this Court retains
jurisdiction over any and all remaining defenses as may be available
to Defendant as to Plaintiff's Third Amended Cor.mplaint when such
Complaint is served.
Plaintiff shall have twenty t20) days hereinafter within which
to serve a Third Amended Complaint and Defendant shall have twenty (201
days thereinafter within which to fi e a response.~
DONE AND ORDERED this /r' day of /--~~~~~~ j~l_,
r
in Chambers, City of Ft. Pierce, St. Lucie,County, Florida.
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LIP G. NOURSE
g.~'~348 p~~ 42
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, 1981,