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ARMSTRONG CONTRACTING AND SUPPLY CORPORATION v. AEROSPACE INDUSTRIES, INC.

No. 70-776.

254 So.2d 242 (1971)

ARMSTRONG CONTRACTING AND SUPPLY CORPORATION, Appellant, v. AEROSPACE INDUSTRIES, INC., and Aetna Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

November 4, 1971.

Attorney(s) appearing for the Case

Lawrence F. Gallman, Orlando, for appellant.

John A. Curtiss of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellee Aetna Ins. Co.

PER CURIAM.

Appellant, a sub-subcontractor on a construction project, brought this action for a money judgment against his subcontractor, and the surety on the subcontractor's performance bond. The surety filed a motion to dismiss the amended complaint for its failure to state a cause of action. The court endorsed upon the face of the motion to dismiss the words, "Motion Granted" signing and dating the same. This is the...

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