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INDEMNITY INS. CO. v. BROOKS-FISHER INSULATING CO.

No. 2477.

140 So.2d 613 (1962)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. The BROOKS-FISHER INSULATING COMPANY, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied May 15, 1962.

Attorney(s) appearing for the Case

Joseph F. Jennings of Dixon, De Jarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellant.

Jose A. Gonzalez, Jr., of Watson, Hubert & Sousley, Ft. Lauderdale, for appellee.

KANNER, Judge.

Plaintiff, a materialman, was by final summary judgment declared to be entitled under his contract to compensation for labor and material furnished to a subcontractor in connection with construction of a public school for the Broward County Board of Public Instruction. Section 255.05, Florida Statutes, F.S.A., had been advanced as authority for the claim. Defendant corporation, surety on the performance and...

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