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BROWARD COUNTY PORT AUTHORITY v. F.M. RULE & CO.

No. 1604.

119 So.2d 82 (1960)

BROWARD COUNTY PORT AUTHORITY, for the Use and Benefit of Arthur R. Cappelen, Formerly Doing Business As Beacon Light Paint and Wallpaper Corp., a Florida Corporation, and Arthur R. Cappelen, Individually, Appellants, v. F.M. RULE & COMPANY, a Florida Corporation; and American Casualty Company of Reading, Pennsylvania, Appellees.

District Court of Appeal of Florida. Second District.

March 30, 1960.

Attorney(s) appearing for the Case

Sullivan, Musselman, Wyckoff & Cochran, Pompano Beach, for appellants.

McCune, Hiaasen, Crum & Ferris, Fort Lauderdale, for appellee, F.M. Rule & Co.

KANNER, Judge.

The court rendered summary judgment dismissing the complaint as having been prematurely brought, and the appeal is from the order so adjudicating.

The complaint dismissed was framed under two counts. In the first count, the plaintiffs asserted their claim under a subcontract with the defendant, F.M. Rule & Company, for labor, materials, and equipment used by the plaintiffs in painting certain transit warehouse sprinkler systems. Under this...

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