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HOPKINS v. ZIPP SPORTING GOODS, INC.

No. 75-1104.

330 So.2d 190 (1976)

William J. HOPKINS, Appellant, v. ZIPP SPORTING GOODS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

April 20, 1976.

Attorney(s) appearing for the Case

Alexander L. Martone, Miami, for appellant.

Smith, Mandler, Smith, Parker & Werner, Miami Beach, and Patricia M. Silver, Miami Beach, Joe N. Unger, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON, J., and CHARLES CARROLL, (Ret.) Associate Judge.

PER CURIAM.

Affirmed. See Whetzel v. Metropolitan Life Insurance Company, Fla.App. 1972, 266 So.2d 89, which holds that a question of law is presented under the facts of this case. In our judgment, the question of law was correctly determined by the trial judge upon the basis of the law as stated in Manis v. Miller, Fla.App. 1976, 327 So.2d 117

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