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SEABOARD COAST LINE R. CO. v. BIG CHIEF CONST. CO.

No. 71-232.

265 So.2d 380 (1972)

SEABOARD COAST LINE RAILROAD COMPANY, Formerly Seaboard Air Line Railroad Company, a Virginia Corporation Authorized to Do Business in the State of Florida, Appellant, v. BIG CHIEF CONSTRUCTION COMPANY, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 25, 1972.

Attorney(s) appearing for the Case

Manley P. Caldwell, Jr. of Caldwell, Pacetti, Barrow & Salisbury, Palm Beach, for appellant.

David K. Tharp, of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for appellee.

OWEN, Judge.

This is a sequel to Seaboard Coast Line Railroad Company v. Big Chief Construction Company, Inc., Fla.App. 1968, 211 So.2d 21. Upon remand to the trial court, further proceedings were had, including a second trial, which resulted in a jury verdict in favor of the defendant, Big Chief Construction Company, Inc. This appeal is from the judgment entered pursuant to that verdict.

The sole question before us is whether...

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