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B & L TRUCKING CO. v. LOFTIN

63 So.2d 276 (1953)

B & L TRUCKING CO., Inc. v. LOFTIN et al.

Supreme Court of Florida, Division B.

February 17, 1953.

Attorney(s) appearing for the Case

Robert S. Hewitt and Miller, Miller & Hewitt, West Palm Beach, for petitioner.

Loftin, Anderson, Scott, McCarthy & Preston, Robert H. Anderson, Don G. Nicholson, Miami, and Russell L. Frink, Jacksonville, for respondents.

DREW, Justice.

Upon the rendition of the opinion in the case of B & L Trucking Company, Inc. v. Loftin, Fla., 58 So.2d 147, the respondent in that case (hereafter called the railroad) filed its motion to reinstate its case against the trucking company which had been theretofore dismissed for lack of prosecution. The motion recited, inter alia:

"1. On September 11, 1951, defendants secured an order dismissing this cause...

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