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f while in custody of city police and for alleged ille- gal transportation of his person into an- other state. The United States District Court for the Northern District of Ohio, Kloeb, J., rendered judgment dismissing complaint with prejudice, and plaintiff appealed. The Court of Appeals, held that order dismissi
2'C F dering a hearing or in the scope or dura- tion of a stay can be corrected by courts of appeals through the issuance of man- damus. 6 Moore, Federal Practice, 9 54.10 [4], at 87 (2d ed. 1955). Here. however, appellant has of requested 1 such relief, see Zamore Goldblatt, 2 Cir., 1953. 201 F.2d 738,
com- puter system sold to corporation. After removal from state court to federal court in Minnesota on basis of diversity, followed by transfer to the Northern District of California, seller moved to dismiss claims as time barred. Following denial of ma tion, counsel for defendant was directed to submit memorandu
ax Labs., Inc. . Twin Laboratories Inc., 183 F. .D. 458, 463, n. 8 (D.Md.1998); 8 Charles Alan Wright, Arthur R. Miller & Richard L. Marcus, Federal Practice and Procedure: Civil 2d § 2023 at 335 (2d ed.1994)(work product materi- als are not beyond the scope of dis- covery on grounds of "privilege"). FN
tigations while the victims were minors, but completely eliminate those protections the moment one of the victims turned 18. The District Court for the Northern District of Florida confirmed this position and specifically rejected the plaintiffs' contrary argument. See Doe I. Francis. No. 5:03 CV 260, 2005 WL 950623
d as a factual allegation"). Factual allegations naist be enough to raise a right to relief above the speculative level, see 5 Wright & A. Miller, Federal Practice and EFTA00175635 Case 9:08-cv-i„ .19-KAM Docuri, 146 Enterer, ...i FLSD Docket 10i„,2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No
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