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COOPER v. ROGER'S OF ORLANDO, INC.

No. 71-644.

266 So.2d 372 (1972)

Vance COOPER and Marie Cooper, His Wife, Appellants, v. ROGER'S OF ORLANDO, INC., a Florida Corporation, and Patty M. Murphy Barnes, an Individual, Appellees.

District Court of Appeal of Florida, Fourth District.

August 31, 1972.

Attorney(s) appearing for the Case

Emmett A. Moran, Orlando, for appellants.

Lawrence O. Sands, of Sands, Smalbein, Eubank, Johnson & Rosier, Orlando, for appellee Roger's of Orlando, Inc.

PER CURIAM.

Affirmed.

WALDEN and OWEN, JJ., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting):

I must respectfully dissent.

This is an appeal by Vance Cooper and Marie Cooper, his wife, plaintiffs below, from a final summary judgment entered in favor of Roger's of Orlando, Inc., defendant below.

After reviewing the record I am of the opinion that an issue of material fact exists which would preclude...

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