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UNITED STATES RUBBER COMPANY v. LUCKY NINE, INC.

No. 63-240.

159 So.2d 874 (1963)

UNITED STATES RUBBER COMPANY, Appellant, v. LUCKY NINE, INC., and Robert D. Grossman, Appellees.

District Court of Appeal of Florida. Third District.

On Rehearing January 28, 1964.

Attorney(s) appearing for the Case

Fowler, White, Gillen, Humkey & Trenam and Richard S. Banick, Miami, for appellant.

Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, for appellees.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.

PER CURIAM.

We have reconsidered this appeal upon petition for rehearing and have receded from our former judgment of affirmance. The question involved is whether or not a complaint should be dismissed upon the basis that the action contained therein appears to be res judicata.

It affirmatively appears from a complaint filed by the United States Rubber Company that it had accounts against two corporations. One corporation was known as Lucky Nine, Inc. and...

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