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COOK v. CENTRAL & SOUTHERN FLORIDA FLOOD CON. DIST.

No. 1129.

114 So.2d 691 (1959)

Emerson C. COOK, Incompetent, and Shirlee E. Cook, as Curator of the Estate of Emerson C. Cook, Incompetent, Appellants, v. CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, a public corporation, Appellee.

District Court of Appeal of Florida. Second District.

September 30, 1959.

Attorney(s) appearing for the Case

Fulton, Sullivan & Burns, West Palm Beach, for appellants.

Robert D. Tylander and Robert Grafton, West Palm Beach, for appellee.

KANNER, Acting Chief Judge.

The grounds of a motion to dismiss the amended complaint were that the complaint failed to state a cause of action, that it failed to state a basis for equitable relief, and that it sought money damages for breach of a written contract. The motion was denied and this interlocutory appeal has ensued.

Allegations of the amended complaint show in substance that the Emerson Cook Company was by sealed contract of December 12, 1949, employed...

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