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FLORIDA POWER & LIGHT COMPANY v. R. O. PRODUCTS, INC.

No. 73-2222.

489 F.2d 549 (1974)

FLORIDA POWER & LIGHT COMPANY, Plaintiff-Appellant, v. R. O. PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 3, 1974.

Attorney(s) appearing for the Case

William B. Killian, Barry R. Davidson, Miami, Fla., for plaintiff-appellant.

Cecyl L. Pickle, Jeanne Heyward, Miami, Fla., for defendant-appellee.

Before TUTTLE, GOLDBERG and RONEY, Circuit Judges.

TUTTLE, Circuit Judge:

This diversity case concerns the applicability of the Florida tort doctrine of contributory negligence as a defense in a breach of implied warranty action. Appellant Florida Power and Light Co. sued appellee R. O. Products in the Southern District of Florida, claiming breach of implied warranties of fitness and merchantability in hydraulic outrigger units sold by R. O. Products to Florida Power. Florida Power operates trucks equipped with hydraulic...

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