District Court, S.D. Florida November 27, 1968, No. 68-689-Civ (Middlesworth v. Kansas City Athletics Div.)

ORDER

FULTON, Chief Judge.

This cause came to be heard on the third party defendant’s motion to dismiss. The issue presented is whether a federal court sitting in diversity must follow that Florida rule of law which states that a municipality has a common law right to be sued only in the county in which it is located.

A reading of City of Bradenton v. Finley, 208 So.2d 675 (Fla.App. 3rd Dist.