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FEDERATED DEPARTMENT STORES v. PLANES

No. 74-230.

305 So.2d 248 (1974)

FEDERATED DEPARTMENT STORES, INC., D/B/a Burdines, Appellant, v. William PLANES and Mrs. William Planes, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

December 17, 1974.

Attorney(s) appearing for the Case

Shevin, Shapo & Shevin and David A. Freedman, Miami, for appellant.

Knight, Peters, Hoeveler, Pickle, Niemoeller & Flynn and Stephen A. Stieglitz, Miami, for appellees.

Before PEARSON and NATHAN, JJ., and GREEN, ROBERT A., Jr., Associate Judge.

PER CURIAM.

This is an appeal from a final judgment in a non-jury trial entered in favor of defendants in an action for monies due and owing for the purchase of wall to wall carpeting by the defendants from the plaintiff.

The record indicates that the defendants, Mr. and Mrs. William Planes, purchased some $6,000.00 worth of carpeting from the plaintiff, Burdines, which was installed by Burdines in their home. Subsequently, the seams in the carpeting split...

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