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D.H. OVERMYER WAREHOUSE COMPANY v. WEST CASH & CARRY BUILDING MATERIALS OF MIAMI, INC.

No. 72-118.

267 So.2d 678 (1972)

D.H. OVERMYER WAREHOUSE COMPANY OF FLORIDA, a Florida Corporation et al., Appellants, v. WEST CASH & CARRY BUILDING MATERIALS OF MIAMI, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

October 24, 1972.

Attorney(s) appearing for the Case

Smathers & Thompson and Earl D. Waldin, Jr., S. Harold Skolnick, Miami, for appellants.

Mershon, Sawyer, Johnston, Dunwody & Cole, and Woodrow M. Melvin, Jr., Miami, for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PER CURIAM.

The appellant urges error upon the entry of summary judgment in favor of the plaintiff-appellee on two counts of appellant's counterclaim. The summary final judgment as to the first count of the counterclaim is affirmed upon the authority of the rule stated in Wing, Inc. v. Arnold, Fla.App. 1958, 107 So.2d 765. The summary final judgment as to the second count is affirmed upon...

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