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RHOADS v. VIRGINIA-FLORIDA CORP.

No. 74-1576.

549 F.2d 985 (1977)

Robert B. RHOADS, Jr., and Jane Drake Rhoads, his wife, et al., Plaintiffs-Appellants, v. VIRGINIA-FLORIDA CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied May 9, 1977.

Attorney(s) appearing for the Case

Richard F. Ralph, Miami, Fla., for plaintiffs-appellants.

Daniel Neal Heller, Robert Golden, Miami, Fla., for Virginia-Fla.

William M. Hoeveler, Miami, Fla., Mark Silverstein, Miami Beach, Fla., for J. Parker Construction.

Before AINSWORTH, GODBOLD and SIMPSON, Circuit Judges.

GODBOLD, Circuit Judge:

This diversity suit charges negligence and nuisance in the construction and maintenance of a seawall by defendants, causing or contributing to erosion damages to plaintiffs' residential beachfront properties located in Florida. In the original nonjury trial the court found that the seawall substantially contributed to the erosion of plaintiffs' properties. The trial court proceeded on the premise of law that the defendants were not liable if...

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