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BANKS v. CITY OF TAMPA

No. 241.

112 So.2d 888 (1959)

John G. BANKS and Ann H. Banks, Appellants, v. CITY OF TAMPA, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied June 19, 1959.

Attorney(s) appearing for the Case

T. Truett Ott, of Hardee & Ott, Tampa, for appellants.

Ralph A. Marsicano, Neil C. McMullen, and William R. McCown, Tampa, for appellee.

PER CURIAM.

The record reveals the existence of a genuine issue as to a material fact, namely, whether or not appellant wife saw or should have seen the alleged defect in the sidewalk of the City of Tampa. Accordingly, the summary judgment entered below against the plaintiffs-appellants should be reversed. Rule 1.36(c), Florida Rules of Civil Procedure, 30 F.S.A.; Mullis v. City of Miami, Fla. 1952, 60 So...

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