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ASHLAND OIL & REFINING v. STATE ROAD DEPT.

No. BB-311.

343 So.2d 878 (1977)

ASHLAND OIL & REFINING COMPANY, a Kentucky Corporation, the Successor to Jaxon Construction Company, a Florida Corporation, Appellant, v. The STATE ROAD DEPARTMENT of Florida, an Agency of the State of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 1, 1977.

Attorney(s) appearing for the Case

Marion R. Shepard, H.P. Osborne, Jr. of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, Jacksonville, for appellant.

Alan E. DeSerio and Larry White, Tallahassee, for appellee.

ERVIN, Judge.

Ashland brought an action for damages against the Road Department on a roadway construction contract. The contract involved a public works project calling for both the construction of a highway and the installation of an improved storm sewer system along 1.81 miles of roadway on Cassett Avenue, a street located in Jacksonville, Florida. The case was tried non-jury. At the conclusion of the trial on October 6, 1975, the court ruled that corrections were...

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