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KELLY v. KOPPERS COMPANY, INC.

No. 73-824.

293 So.2d 763 (1974)

Felix KELLY, As Administrator of the Estate of Alice V. Kelly, Appellant, v. KOPPERS COMPANY, INC., a Foreign Corporation Licensed to Do Business in the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 21, 1974.

Attorney(s) appearing for the Case

Michael M. Tobin, Coral Gables, and Stephen K. Katz, South Miami, for appellant.

Stephens, Magill, Thornton & Sevier and James D. Acosta, Miami, for appellee.

Before CARROLL and HAVERFIELD, JJ., and MOORE, JOHN H., II, Associate Judge.

PER CURIAM.

Plaintiff-appellant takes this appeal to review an order of the trial court dismissing his second amended complaint with prejudice.

Plaintiff, as administrator of the estate of Alice Kelly, filed suit against the defendant Koppers Company, Inc. and sought damages in excess of $2,500 for (1) negligence and (2) implied breach of warranty. In essence the complaint alleged the following: that the defendant, a manufacturer of swimming pool paints, promoted...

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