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LOUGHAN v. FIRESTONE TIRE & RUBBER CO.

No. 79-1097.

624 F.2d 726 (1980)

John F. LOUGHAN, Plaintiff-Appellant, v. The FIRESTONE TIRE & RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 1980.

Attorney(s) appearing for the Case

Marshall I. Nurenberg, Cleveland, Ohio, Ronald Payne, Fort Lauderdale, Fla., for plaintiff-appellant.

Thomas P. Mulligan, Paul M. Pohl, Cleveland, Ohio, G. Jack Hardy, Miami, Fla., for defendant-appellee.

Before GEE and RANDALL, Circuit Judges, and LYNNE, District Judge.

LYNNE, District Judge:

This appeal was taken by plaintiff-appellant (Loughan) from an order entered by the district court on December 15, 1978, granting the motion for summary judgment filed in behalf of defendant-appellee (Firestone). Concluding that plaintiff's action was barred by Florida Statutes § 95.031(2),1 (F.S. Sec. 95.031(2)) the court below held that the defendant was entitled to judgment as a matter of law. We reverse...

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