No. 88-737-Civ-EPS. April 28, 1989. Michael W. Ullman, Miami, Fla., for plaintiff. Jesse C. Jones, Miami, Fla., for defendant. MEMORANDUM OPINION SPELLMAN, District Judge. ORDER ADOPTING AND AFFIRMING MAGISTRATE'S RECOMMENDATION THIS CAUSE comes before the Court upon the Defendant's, HELLER FINANCIAL, INC., Motion to Dismiss the Second Amended Complaint, filed with this Court on August 11, 1988. The Court referred this matter to Magistrate Linnea R. Johnson for a Report and Recommendation on the