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BOARD OF PUBLIC INSTRUCTION SARASOTA CTY. v. FIDELITY & C. CO. OF N.Y.

No. 6054.

184 So.2d 491 (1966)

The BOARD OF PUBLIC INSTRUCTION OF SARASOTA COUNTY, Florida, a Corporation under Florida Law, for the Use and Benefit of AMERICAN RADIATOR AND STANDARD SANITARY CORPORATION, a Corporation, Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, and Indcon Engineers & Contractors, Inc., a Corporation, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied April 13, 1966.

Attorney(s) appearing for the Case

Henry P. Trawick, Jr., of Kirk, Pinkerton, Sparrow, Trawick & McClelland, Sarasota, for appellant.

I.R. Ludacer, of Harkavy, Doyle, Hasson & Ludacer, Sarasota, for appellees.

LILES, Judge.

Appellant, plaintiff below, brings this timely appeal from a summary final judgment entered by the trial court in favor of appellees, defendants below. We find error and reverse

The Board of Public Instruction of Sarasota County contracted with defendant Indcon Engineers and Contractors, Inc. for the construction of an elementary school. Defendant Indcon executed the usual penal bond required by § 255.05, Fla.Stats., F.S.A. with defendant...

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