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NORFOLK DREDGING COMPANY v. COPPEDGE

No. 29959.

438 F.2d 1235 (1971)

NORFOLK DREDGING COMPANY, a corporation, Plaintiff-Appellee, v. J. H. COPPEDGE, doing business as J. H. Coppedge and Company, Defendant and Counter-Claimant-Appellee, v. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, Defendant and Additional Defendant to the Counter-Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 1971.

Attorney(s) appearing for the Case

Geoffrey B. Dobson, Asst. Atty., State of Fla. Dept. of Transp., Howard Hadley, General Counsel, Tallahassee, Fla., for appellant.

James F. Moseley, Kurz, Toole, Taylor, Moseley & Gabel, Jacksonville, Fla., for Norfolk Dredging Co.

Chester Bedell, John A. DeVault, III, Jacksonville, Fla., for J. H. Coppedge; Bedell, Bedell, Dittmar, Smith & Zehmer, Jacksonville, Fla., of counsel.

Before TUTTLE, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

The principal complaint in this appeal by the Florida Department of Transportation, is owner and responsible agent of the State in the operation of the Pablo Creek Bridge, is that the proof was not sufficient to warrant the findings of the trial court that the collision and damage occurring therefrom should be charged solely to the Florida Department of Transportation. A careful consideration of the record shows that there was ample evidence to support...

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