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FRED'S EXCAVATING & CRANE v. CONTINENTAL INSURANCE COMPANY

No. 76-71.

340 So.2d 1220 (1976)

FRED'S EXCAVATING & CRANE SERVICE, INC., a Florida Corporation, Appellant, v. The CONTINENTAL INSURANCE COMPANY, a Corporation, and Bucyrus-Erie Company, Inc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

December 17, 1976.

Attorney(s) appearing for the Case

William Murrell, Jr., and William R. Lyle, Jr., Murrell, Lyle & Associates, Orlando, for appellant.

Nicholas Yonclas, of Akerman, Senterfitt & Eidson, Orlando, for appellees-Employers Mutual Liability Ins. Co. of Wisconsin and Bucyrus-Erie Co., Inc.

PER CURIAM.

This is an appeal from an order of the circuit court of Orange County dismissing, for failure to state a cause of action, Counts III and Count IV of Appellant's third amended complaint. Appellant declined to further amend its complaint and the dismissals were with prejudice.

We find no error in the trial court's dismissal of Count III, which attempted to allege a cause of action for breach of an implied warranty of fitness for a particular purpose...

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