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AMERICAN CAST IRON PIPE CO. v. PEABODY-PETERSEN CO.

No. 74-1367.

328 So.2d 229 (1976)

AMERICAN CAST IRON PIPE COMPANY, Appellant, v. PEABODY-PETERSEN CO., an Illinois Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 30, 1976.

Attorney(s) appearing for the Case

Ernest R. Drosdick, Lowndes, Peirsol, Drosdick & Doster, Orlando, for appellant.

Lawrence M. Watson, Jr., of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Orlando, for appellees Peabody-Petersen Co. and Maryland Casualty Co.

OWEN, Judge.

Appellant, a supplier to a subcontractor on a public-works contract, suffered dismissal with prejudice of its suit against the principal and the surety of the contract bond because of the plaintiff's failure to comply with the notice requirements and time limitations of Fla. Stat. § 255.05(2) (1973).

The facts in this case are substantially identical to those in the case of United Bonding Insurance Company v. City of Holly Hill,

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