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GREGG v. GRAY

No. 5167.

176 So.2d 520 (1965)

James GREGG, d/b/a Square G. Construction Company, Appellant, v. George GRAY, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied July 20, 1965.

Attorney(s) appearing for the Case

Walter Warren, Leesburg, for appellant.

David C. Clark, Jr., Orlando, and Lester S. Kafer, Winter Park, for appellee.

PER CURIAM.

Affirmed.

See F.E.C. Railway v. Lewis, Fla.App. 1964, 167 So.2d 104.

SMITH, C.J., and ANDREWS, J., concur.

BARNS, PAUL D., Associate Judge, concurs specially.

BARNS, PAUL D., Associate Judge (concurring specially).

In the prior action at trial in March 1963, the plaintiff timely moved for a nonsuit as shown by the record as follows:

"Counsel for the plaintiff moved the...

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