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CURTISS-WRIGHT CORPORATION v. EXHAUST PARTS, INC.

No. 61-861.

144 So.2d 822 (1962)

CURTISS-WRIGHT CORPORATION, a Delaware Corporation, Appellant, v. EXHAUST PARTS, INC., a Florida Corporation, As Successor to Aviation Industries Corp., a New Jersey Corporation, and Sigmund Berlant, Individually and As President of Exhaust Parts, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida. Third District.

October 2, 1962.

Attorney(s) appearing for the Case

Worley, Gautier & Dawes and Lynn F. Lummus, Miami, for appellant.

Max L. Rosenstein and William E. Gladstone, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.

HORTON, Judge

Appellant, plaintiff below, seeks review of an adverse final order dismissing its cause and complaint with prejudice.

In 1958, plaintiff brought an action in New Jersey against Aviation Products Corporation (the predecessor of defendant Exhaust Parts Corporation), the defendant Berlant and others. This action culminated in a consent judgment which, in pertinent part, provided:

"* * * and it appearing that the complaint has been duly...

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