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BEYMER-MANN CO. v. CROSS-COUNTRY TRUCK SERVICE, INC.

No. 70-603.

245 So.2d 281 (1971)

BEYMER-MANN CO., Inc., Appellant, v. CROSS-COUNTRY TRUCK SERVICE, INC., Etc., and United States Fidelity and Guaranty Company, Etc., et al., Appellees.

District Court of Appeal of Florida, Second District.

March 12, 1971.

Attorney(s) appearing for the Case

Robert H. Duckwall, of Boswell & Boswell, Bartow, for appellant.

Donald F. Wright, of Sutton & Brown, Orlando, for appellees.

MANN, Judge.

This appeal is from an order dismissing with prejudice a complaint alleging that Beymer-Mann's agent contracted with Cross-Country, which it alleges is a "motor carrier or transportation broker," for the transportation of fruit and that Cross-Country failed to deliver. The case was poorly pleaded by prior counsel, but should have survived motion to dismiss. Appellees claim that no privity is shown between Beymer-Mann and Cross-Country. This is...

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