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FULLER INDUSTRIES, INC. v. R. TERRY BLAZIER & SON, INC.

No. 6196.

188 So.2d 2 (1966)

FULLER INDUSTRIES, INC., and the Board of Public Instruction of Lee County, Florida, a Public Authority for the Use and Benefit of Fuller Industries, Inc., a Foreign Corporation Authorized to Do Business in the State of Florida, Appellants, v. R. TERRY BLAZIER & SON, INC., a Foreign Corporation Authorized to Do Business in the State of Florida, and United Bonding Insurance Company, a Corporation Authorized to Do Business in the State of Florida, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied July 20, 1966.

Attorney(s) appearing for the Case

Smoot, Blair & Whigham, Ft. Myers, for appellants.

Allen, Knudsen, Swartz, Richardson & DeBoest, Ft. Myers, for appellee United Bonding Ins. Co.

MAXWELL, OLIVER C., Associate Judge.

This is an appeal from an order dismissing with prejudice a complaint against a surety on a bond issued under F.S. Section 255.05, F.S.A., brought by a materialman of a sub-contractor. The general contractor was not made a party to the suit. The complaint did not allege that the 90 day notice, provided for in the statute, was given to the Contractor; although, it was alleged that notice was given to the Owner and the Surety. The...

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