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UNITED STATES STEEL CORP. v. BENEFIELD

Nos. 76-751, 76-760.

352 So.2d 892 (1977)

UNITED STATES STEEL CORPORATION and P.S.A. Enterprises, Inc., Appellants, v. J.C. BENEFIELD and Mary J. Benefield, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 27, 1977.

Attorney(s) appearing for the Case

John R. Lawson, Jr. of Holland & Knight, Tampa, and Tom Y. Sawyer of Edwards, Sawyer & White, Plant City, for appellants.

Michael J. Freedman of Levine, Freedman & Hirsch, Tampa, for appellees.

McNULTY, JOSEPH P. (Ret.), Associate Judge.

We determine this day the appropriate measure of damages for injury to real property occasioned by breach of contract when the cost of restoration of the property exceeds the diminished value of the injured land.

The land in question involves 26 acres of a 750 acre tract owned by the Benefields which was part of a phosphate mine operated in Hillsborough County in the 1930's and 1940's. In the course of mining phosphate...

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