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HUNGERFORD CONST. CO. v. FLORIDA CITRUS EXPO., INC.

No. 26426.

410 F.2d 1229 (1969)

HUNGERFORD CONSTRUCTION COMPANY and Continental Casualty Company, Appellants, v. FLORIDA CITRUS EXPOSITION, INC., also known as Florida Citrus Showcase, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 25, 1969.

Attorney(s) appearing for the Case

Howard P. Ross, Anthony S. Battaglia, St. Petersburg, Fla., Raymond J. Malloy, Tampa, Fla., Parker, Battaglia & Ross, St. Petersburg, Fla., for appellants.

J. Hal Connor, Winter Haven, Fla., J. A. McClain, Jr., Tampa, Fla., Summerlin, Connor & Threadgill, Winter Haven, Fla., McClain & Turbiville, Tampa, Fla., for appellee.

Before PHILLIPS, BELL and MORGAN, Circuit Judges.

BELL, Circuit Judge:

The litigation giving rise to this appeal had to do with the construction of a building at Winter Haven, Florida. The building, which was to serve as an exhibition center for the citrus industry, had a poured concrete dome 170 feet in diameter as its roof. The dome was designed to be waterproof without independent waterproof covering. It developed that cold joints were formed in the process of pouring the concrete for the dome. The result was...

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