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PHILLIPS PETROLEUM COMPANY v. HEIMER

No. 76-453.

339 So.2d 284 (1976)

PHILLIPS PETROLEUM COMPANY, Appellant, v. Art HEIMER D/B/a Art Heimer Paint Company, and Security Insurance Company of Hartford, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 6, 1976.

Attorney(s) appearing for the Case

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, Miami, and David C. Garrett, Coral Gables, for appellant.

Adams, George, Lee & Schulte and David L. Willing, Miami, for appellees.

Before PEARSON, HENDRY and NATHAN, JJ.

PER CURIAM.

Phillips Petroleum Company, defendant-third party plaintiff, takes this appeal from an order dismissing its third party complaint for failure to prosecute. The original complaint in this wrongful death action was filed in 1968. Phillips Petroleum was one of the original defendants. In 1974, Phillips filed a third party complaint for indemnity naming as third party defendants Art Heimer d/b/a Art Heimer Paint Company and his two insurers, Security Insurance...

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