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NEWKIRK CONSTR. CORP. v. GULF CTY.

No. II-191.

366 So.2d 813 (1979)

NEWKIRK CONSTRUCTION CORPORATION, a Georgia Corporation, Appellant, v. GULF COUNTY, Florida, a Political Subdivision of the State of Florida, and Dependable Insurance Company, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearings Denied February 19, 1979.

Attorney(s) appearing for the Case

Cecil G. Costin, Jr., Port St. Joe, for appellant.

William J. Rish, of Rish & Witten, Port St. Joe, for appellee Gulf County, Florida.

Rowlett Bryant, of Bryant, Daniel, Thompson & Kurvin, Panama City, for appellee Dependable Ins. Co., Inc.

ERVIN, Judge.

Newkirk Construction Corp. appeals from the lower court's final judgment of interpleader which permitted Gulf County to interplead as defendants Newkirk and its surety, Dependable Insurance Company.

Newkirk and Gulf County contracted for Newkirk to build a water distribution and sewage collection system. The county was required by the contract to make progress payments for completed work at a rate of 90% of the earned estimate. Newkirk was the...

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