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ULERY v. ASPHALT PAVING, INC.

No. B-268.

119 So.2d 432 (1960)

Lennie L. ULERY, Individually and As Executrix of the Last Will and Testament of Crawford E. Ulery, Deceased, Ronald K. Ulery, Arnold D. Ulery and Carl D. Ulery, and Charles Ulery and Elsie Marie Ulery, Minors by Yula S. Burns, As Their Next Friend, Appellants, v. ASPHALT PAVING, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. First District.

April 7, 1960.

Attorney(s) appearing for the Case

Barnes & Slater, and Crawford & May, Jacksonville, for appellants.

Adair, Ulmer, Murchison, Kent & Ashby, Jacksonville, for appellee.

STURGIS, Judge.

This appeal is to review an order which upon motion of appellee, defendant below, finally dismissed the complaint for failure to state a cause for relief in equity. The allegations of fact as stated in the complaint are therefore taken as admitted.

The complaint reflects: That appellants are the widow and children of Crawford Ulery, deceased, who was the president and principal stockholder of the appellee corporation. Being the owner of two...

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