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DOVE SHEET METAL, INC. v. HAYS HEATING & PLUMBING CO.

No. 1051.

249 F.Supp. 366 (1966)

DOVE SHEET METAL, INC., Plaintiff, v. HAYS HEATING & PLUMBING CO., Defendant.

United States District Court N. D. Florida, Tallahassee Division.

January 27, 1966.

Attorney(s) appearing for the Case

Harry H. Mitchell of Mitchell & Mitchell, Rufus O. Jefferson, Tallahassee, Fla., for plaintiff.

A. Frank O'Kelley, and Chas. H. Spitz, of Keen, O'Kelley & Spitz, Tallahassee, Fla., Martin, Snow, Grant & Napier, Macon, Ga., for defendant.

CARSWELL, Chief Judge.

There is no disagreement at all between the parties with reference to any material facts. The sole issue before the Court on defendant's motion for summary judgment is the application of Florida Statutes 725.01, F.S.A. (Florida's Statute of Frauds) which provides that no action shall be brought upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement or

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