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FLORIDA GAS CO. v. AMERICAN EMPLOYERS' INSURANCE CO.

No. 68-639.

218 So.2d 197 (1969)

FLORIDA GAS COMPANY, Appellant, v. The AMERICAN EMPLOYERS' INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida. Third District.

January 21, 1969.

Attorney(s) appearing for the Case

Smathers & Thompson, and John A. O'Connor, Miami, for appellant.

Blackwell, Walker & Gray, and James E. Tribble, Miami, for appellee.

Before PEARSON, HENDRY and SWANN, JJ.

PER CURIAM.

Florida Gas Company appeals from a final declaratory judgment for the plaintiff below, The American Employers' Insurance Company. It also assigns as error the entry of an order denying its motion to dismiss plaintiff's complaint for declaratory decree.

The final judgment held "that the giving of notice by Tropical Construction Co. three years after the accident upon which Florida Gas Company bases its suit in Case No. 64L 3254 is not notice as...

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