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SINCLAIR REFINING COMPANY v. J.H. COBB, INC.

No. 974.

112 So.2d 582 (1959)

SINCLAIR REFINING COMPANY, a Maine corporation, Appellant, v. J.H. COBB, INC., a Florida corporation, Richard H. Smith Construction Company, Inc., a Florida corporation, et al., Appellees.

District Court of Appeal of Florida. Second District.

June 5, 1959.

Attorney(s) appearing for the Case

Hill, Hill & Dickenson, Tampa, for appellant.

Dexter, Conlee & Bissell, Sarasota, for appellee, Modern Builders Supply, Inc.

Edward I. Cutler, Tampa, for appellee Industrial Supply Corporation.

KANNER, Chief Judge.

This appeal, interlocutory in nature, inquires whether the filling station of appellant, Sinclair Refining Company, is subject to enforcement of a mechanic's lien because of failure, under the trial court's interpretation, to comply by its contract with the builder or otherwise with the statutory withholding provision.

Suit was brought under the contention that the requisite of section 84.05(11) (a), Florida Statutes, F.S.A., for the withholding...

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