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ADAMS ENGINEERING CO. v. CONSTRUCTION PRODUCTS CORPORATION

No. 61-676.

158 So.2d 559 (1963)

ADAMS ENGINEERING COMPANY, Inc., Appellant, v. CONSTRUCTION PRODUCTS CORPORATION, Aluminum Industries, Inc., Weather Products, Inc. and Aluminum Hardware Corporation, Appellees.

District Court of Appeal of Florida. Third District.

December 13, 1963.

Attorney(s) appearing for the Case

Blackwell, Walker & Gray and Clemen J. Ehrlich, Miami, for appellant.

Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, for Construction Products Corporation and Aluminum Industries, Inc.; Charles H. Spooner, Coral Gables, for Weather Products, Inc., for appellees.

Before CARROLL, HORTON and HENDRY, JJ.

HORTON, Judge.

This is an appeal from an order granting a judgment on the pleadings in an action instituted by the appellant for the recoupment from several corporate appellees of certain costs expended by the appellant in the defense of a patent infringement suit.

It was alleged in the complaint that the corporate appellees had agreed with the appellant that all would share proportionately the cost and expenses of defending the

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