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STANDARD COMMODITIES CORPORATION v. N.D.E., INC.

No. 64-757.

168 So.2d 571 (1964)

STANDARD COMMODITIES CORPORATION, a Florida corporation, Appellant, v. N.D.E., INC., a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 24, 1964.

Attorney(s) appearing for the Case

Theodore M. Trushin, Miami Beach, for appellant.

Walterman & Touby, Miami, for appellee.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.

PER CURIAM.

This interlocutory appeal is governed by the decision of the Supreme Court of Florida in Ocean Villa Apartments v. City of Fort Lauderdale, Fla. 1954, 70 So.2d 901, 902, wherein it was held:

"* * * Motion for summary decree as authorized by 31 F.S.A. Equity Rule 40 supported by affidavits was then filed but no counter affidavits were filed by the city. This motion was denied and petitioners have brought that...

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