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SCHUBOWSKY v. HEARN FOOD STORE, INC.

No. 70-708.

247 So.2d 484 (1971)

Michael SCHUBOWSKY, Appellant, v. HEARN FOOD STORE, INC., a Dissolved Florida Corporation, and Quitman Eugene Hearn, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 26, 1971.

Attorney(s) appearing for the Case

Ralph P. Ezzo, Miami, and Richard H.W. Maloy, Coral Gables, for appellant.

Jeanne Heyward and Robert H. Crary, Miami, for appellees.

Before CHARLES CARROLL, HENDRY and SWANN, JJ.

CHARLES CARROLL, Judge.

Appellant, a customer in a grocery store owned by the appellees, was injured by a robber's gunshot in a gunfire affray between the store proprietor and two armed robbers, when the proprietor resisted the robbers by attempting to get the "drop" on the robbers and to arrest them. The appellant sued the appellees for damages for personal injuries alleging resistance of the robbers by the proprietor which plaintiff charged was negligent, and alleging...

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