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FERNCREST MINING CO. v. H.F. MASON EQUIPMENT CORP.

Nos. 2215, 2216.

225 So.2d 354 (1969)

FERNCREST MINING COMPANY, a Florida Corporation, Appellant, v. H.F. MASON EQUIPMENT CORP., a Florida Corporation, and Northwest Engineering Company, a Corporation, Appellees.

District Court of Appeal of Florida. Fourth District.

July 22, 1969.

Attorney(s) appearing for the Case

Joseph A. Varon, of Varon, Stahl & Perlin, Hollywood, for appellant.

E. Snow Martin, of Martin & Martin, Lakeland, for appellee H.F. Mason Equipment Corp.

Ronald Fitzgerald and Norman C. Roettger, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee Northwest Engineering Co.

McDONALD, PARKER LEE, Associate Judge.

Appellant filed a suit against the appellees claiming a breach of express warranty, implied warranty and negligent design of dragline machinery, related equipment and materials which had been sold and serviced by Mason and designed and manufactured by Northwest.

The trial judge granted a summary judgment for the appellees. His basis for doing so was stated in his order:

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