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FIRST NAT. BANK v. BURNUP & SIMS OF MELBOURNE, INC.

No. 2509.

137 So.2d 13 (1962)

FIRST NATIONAL BANK OF EAU GALLIE, a National Banking Association, Appellant, v. BURNUP & SIMS OF MELBOURNE, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Second District.

January 24, 1962.

Attorney(s) appearing for the Case

H.C. Poe, of Rossetter & Poe, Melbourne, for appellant.

Edward L. Trader, Melbourne, for appellee.

SMITH, Judge.

The appellee, as plaintiff, filed its complaint to foreclose a materialman's lien alleged to exist on five subdivision lots, claiming they furnished the materials pursuant to a direct contract with the owner for the furnishing of materials to construct improvements on each of the lots as a continuing operation. The appellant bank, as one of the defendants, answered denying the material allegations of the complaint, and counterclaimed for foreclosure...

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