Court of Appeals for the Fifth Circuit March 19, 1970, 28565 (Merlite Land, Sea & Sky, Inc. v. Palm Beach Investment Properties, Inc., Etc.)

JOHN R. BROWN, Chief Judge.

In this Florida diversity case we must again send a case back for the normal process of development of the facts and the determination of the real merits of the case.

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“This is but a dif

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ferent prelude to the common refrain and the high mortality rate to a dismissal under F.R.Civ.P. 12(b) for failure to state a claim”. Pred v.