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ROOD COMPANY v. LUBER

91 So.2d 629 (1956)

ROOD COMPANY, Inc., a Florida corporation, and Rood Construction Corporation, a Florida corporation, Petitioners, v. Max LUBER, d/b/a North Miami Hardware & Builders Supply Co. (not inc.), Respondent, Philip Joseph Shay, d/b/a Shay Decorating Service, Defendant below.

Supreme Court of Florida. En Banc.

Rehearing Denied December 10, 1956.

Attorney(s) appearing for the Case

Myers, Heiman & Kaplan, Miami, for petitioners.

Anderson & Nadeau, Miami, and J.E. Ludick, North Miami, for respondent.

DREW, Chief Justice.

Having twice failed in his efforts to foreclose a mechanics' lien for paint and other materials furnished for the improvement of certain residences in Dade County1, plaintiff in the lower court filed his complaint to foreclose an alleged equitable lien. His amended complaint fails to allege the names of the present owners of the subject land2,...

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