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BOARD OF PUB. INST. OF DADE CO. v. FRED HOWLAND, INC.

Nos. 70-71, 70-88.

243 So.2d 221 (1970)

BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, Florida, Appellant, v. FRED HOWLAND, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 5, 1971.

Attorney(s) appearing for the Case

Bolles, Goodwin, Ryskamp & Ware, Miami, for appellant.

Heiman & Crary, William A. Meadows, Jr., and Robert L. Achor, Miller & Russell, Miami, for appellee.

Before PEARSON, C.J., and BARKDULL and SWANN, JJ.

PER CURIAM.

This is an appeal and a cross appeal from a summary judgment as to liability in a suit brought by Fred Howland, Inc., a contractor, for damages from the Board of Public Instruction of Dade County, Florida. The suit grew out of a contract for the construction of a part of the Miami-Dade Junior College. The summary judgment is unusual in that it is predicated upon a stipulation which was made a part of the record by the trial judge in the introductory paragraph...

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