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STATE, DEPARTMENT OF TRANSPORTATION v. CLEARY BROTHERS CONSTRUCTION COMPANY

No. O-375.

252 So.2d 575 (1971)

STATE of Florida DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, Appellant, v. CLEARY BROTHERS CONSTRUCTION COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 12, 1971.

Attorney(s) appearing for the Case

Geoffrey B. Dobson, Tallahassee, for appellant.

J. Rex Farrior, Jr., of Shackleford, Farrior, Stallings & Evans, Tampa, for appellee.

PER CURIAM.

The State Department of Transportation seeks reversal of the final summary judgment entered in favor of Cleary Brothers Construction Company for the full amount of withheld payments in connection with the construction and repair of the Plummers Point Bridge.

Having previously moved for a summary judgment in its favor, appellant now contends that summary judgment against it was improper because the questions of the duty and negligence of the parties...

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