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McDERMOTT v. ENGSTROM

81 So.2d 553 (1955)

Nellie McDERMOTT, Appellant, v. Alf C. ENGSTROM and Florence Engstrom, his wife, and Evans G. Nelson and Dorothea Nelson, his wife (doing business as co-owners jointly under the fictitious name Dixie Cafeteria) at 551 First Avenue North, St. Petersburg, Florida, and the Times Publishing Company, and William Stalker, Appellees.

Supreme Court of Florida. Division B.

June 22, 1955.

Attorney(s) appearing for the Case

Frank B. Arnold, St. Petersburg, for appellant.

Mann, Harrison & Stone and Paul H. Roney, St. Petersburg, for Alf C. Engstrom and Florence O. Engstrom, his wife, and Evans G. Nelson and Dorothea Nelson, his wife.

Joseph J. Davies and McCutcheon & Davies, St. Petersburg, for William Stalker.

Barton & Enwright, St. Petersburg, for The Times Pub. Co.

THOMAS, Justice.

The circuit judge granted the motions of the various defendants to dismiss the amended complaint and the appellant appealed from the final judgment that was then entered.

The appellees — Nelsons and Engstroms — operated in St. Petersburg a cafeteria on the north side of First Avenue North. Entrance to the doors opening into the cafeteria is gained through a vestibule that is 8 feet wide and 19 inches deep.

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