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Newell v. Southern Jitney Jungle Co.10/31/2002
been allowed to proceed through discovery. It simply cannot be said, at this stage, that Newell would be unable to prove any set of facts to support her claim. I, therefore, dissent.
. This matter should be reversed and remanded with instructions to reinstate the complaint and allow Newell to proceed with discovery.
DIAZ AND GRAVES, JJ., JOIN THIS OPINION.
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