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VAN NESS v. INDEPENDENT CONST. CO.

No. 79-407.

392 So.2d 1017 (1981)

Vincent N. VAN NESS, Jr., and Donnie Van Ness, Appellants, v. INDEPENDENT CONSTRUCTION COMPANY et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 9, 1981.

Attorney(s) appearing for the Case

Marcia K. Lippincott, Sanford, and Roy B. Dalton, Jr., of Dean, Ringers, Morgan & Lawton, Orlando, for appellants.

J. Lester Kaney of Cobb, Cole, McCoy, Abraham, Bell, Bond, Monaco & Kaney, Daytona Beach, for appellee Sears.

ORFINGER, Judge.

This appeal is from a summary final judgment entered in favor of Sears, Roebuck & Company (Sears), one of the defendants below. We affirm.

The record reveals that Sears contracted with Independent Construction Company (Independent) to build a Sears store in Daytona Beach. Independent sub-contracted with the James Wilson Company to perform a portion of the construction. Appellant Vincent N. Van Ness, Jr. was employed by James Wilson as...

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