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FIORE v. ROYAL PAINTING CO., INC.

No. 80-1186.

398 So.2d 863 (1981)

Evelyn M. FIORE, As Administratrix of the Estate of John Anthony Fiore, Deceased, Appellant, v. ROYAL PAINTING COMPANY, INC., and RCA Service Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 3, 1981.

Attorney(s) appearing for the Case

Arthur Roth, Miami, for appellant.

Marlow, Shofi, Orthmayer, Smith, Connell & Valerius and Claudia B. Greenberg, Miami, for appellees.

Before BARKDULL, SCHWARTZ and NESBITT, JJ.

NESBITT, Judge.

The issue before us today one which was left open by Judge Brown in Probst v. Southern Stevedoring Company, 379 F.2d 763 (5th Cir.1967). In that case, it was held that the Longshoremen's and Harbor Workers' Compensation Act (the Act) did not make the general contractor an employer for the purpose of common law liability. It was subsequently decided in Smith v. Chevron Oil Company, 517...

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