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HURD v. MUNFORD, INC.

No. LL-279.

378 So.2d 86 (1979)

Ronald Wayne HURD, by and through His Next Friend and Mother, Ramona Thompson and Ramona Thompson, Individually, Appellant, v. MUNFORD, INCORPORATED, a Delaware Corporation, D/B/a Majik Market, and Janet Tonder, Appellees.

District Court of Appeal of Florida, First District.

December 28, 1979.

Attorney(s) appearing for the Case

D.L. Middlebrooks, Jr., and David A. Reed of Levin, Warfield, Middlebrooks, Mabie, Rosenbloum & Magie, Pensacola, for appellant.

A.G. Condon, Jr., of Emmanuel, Sheppard & Condon, Pensacola, for appellees.

PER CURIAM.

AFFIRMED.

BOOTH and LARRY G. SMITH, JJ., concur.

ERVIN, J., concurs and dissents.

ERVIN, Judge, dissenting and concurring.

Appellants appeal directed verdicts entered against them on two counts of their suit and challenge an instruction given to the jury relating to their third count. I would reverse as to the directed verdicts and affirm as to the third count.

Appellant Hurd purchased gasoline from one of appellee...

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