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STATE ROAD DEPARTMENT OF FLORIDA v. McCAFFREY

Nos. 67-471, 68-9.

229 So.2d 668 (1969)

STATE ROAD DEPARTMENT OF FLORIDA, an Agency of the State of Florida, Appellant, v. Donald M. McCAFFREY et al., Appellees.

District Court of Appeal of Florida. Second District.

December 17, 1969.

Attorney(s) appearing for the Case

Bryan W. Henry, Resident Attorney, P.A. Pacyna and Louis S. St. Laurent, State Road Department, Tallahassee, for appellant.

Roe H. Wilkins, of Maguire, Voorhis & Wells, Orlando, for appellees.

PIERCE, Judge.

On re-hearing granted and re-argument on the merits, our former opinion of September 20, 1968 is withdrawn and the following opinion substituted therefor:

Appellant State Road Department of Florida, defendant below, appeals from an order on motion for summary judgment, and also from a final judgment, rendered in favor of appellees-plaintiffs.

Plaintiffs Donald M. McCaffrey and Patricia A. McCaffrey, his wife, with others, filed a complaint...

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