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NICHOLAS v. MIAMI BURGLAR ALARM CO., INC.

No. 46058.

339 So.2d 175 (1976)

J.K. NICHOLAS, Individually, and D/B/a J.K. Nicholas & Co., Petitioner, v. MIAMI BURGLAR ALARM CO., INC., Respondent.

Supreme Court of Florida.

Rehearing Denied December 9, 1976.

Attorney(s) appearing for the Case

Jonathan L. Alpert, Miami, for petitioner.

Robert C. Lane and Robert C. Lane, Jr., of Lane & Lane, Miami, for respondent.

Wayne W. Pomeroy, of Pomeroy & Betts, Fort Lauderdale, as amicus curiae.

Stephen D. Marks, Law Offices of Lessing E. Gold, Beverly Hills, Cal., for National Burglar and Fire Alarm Association, amicus curiae.

OVERTON, Chief Justice.

Upon rehearing we vacate the opinion rendered August 12, 1975.

This cause is before us on petition for writ of certiorari to review the decision of the Third District Court of Appeal reported at 297 So.2d 49. It conflicts with Cooper v. IBI Security Service of Florida, Inc., 281 So.2d 524 (Fla.3d DCA 1973), and we have jurisdiction.1

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