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LIBBY v. WEST COAST ROCK COMPANY, INC.

No. 74-398.

308 So.2d 602 (1975)

Donald L. LIBBY, Administrator of the Estate of James Edward Libby, a Minor, Deceased, Appellant, v. WEST COAST ROCK COMPANY, INC., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 18, 1975.

Attorney(s) appearing for the Case

John B. Cechman, of Goldberg, Rubinstein & Buckley, Fort Myers, for appellant.

A.C. Shields, III, of Dart, Dickinson, O'Riorden, Gibbons & Quale, Sarasota, for appellees West Coast Rock Co. and The Travelers Ins. Co., and John W. Boult, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellees Virgil H. Osborn and Meta Osborn.

GRIMES, Judge.

This is an appeal from an order dismissing the third amended complaint with prejudice. According to the complaint, the Osborns were the owners of real property which had been mined some thirteen years before by West Coast Rock Company, Inc. At the conclusion of the mining operation, West Coast removed all fences, barricades and warning signs from roadways adjacent to certain rock pits which had resulted from its mining. The land had been often used...

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