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WESTCHESTER FIRE INSURANCE CO. v. IN-SINK-ERATOR

Nos. 71-51, 71-52.

252 So.2d 856 (1971)

WESTCHESTER FIRE INSURANCE COMPANY, Appellant, v. IN-SINK-ERATOR, a Division of Emerson Electric Co., a Foreign Corporation, et al., Appellees. (Two Cases).

District Court of Appeal of Florida, Fourth District.

October 5, 1971.

Attorney(s) appearing for the Case

William T. Moore, of Moore, Welbaum, Zook & Jones, Miami, for appellant.

W. Ford Duane, of Robertson & Williams, Orlando, for appellee In-Sink-Erator.

Clyde A. Reese, Jr., of Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellee Plantation Apartments of Orlando, Inc.

PER CURIAM.

We consolidate for purpose of review these appeals.

Appellant Westchester Fire Insurance Company was the surety of a contractor who was employed to build an apartment complex owned by the third party defendant, Plantation Apartments of Orlando, Inc. The contractor defaulted, and Plantation and Westchester subsequently entered into a settlement agreement concerning Plantation's claims against Westchester as surety. The agreement provided in part...

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