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FLA. EAST COAST RY. v. SOUTHERN SANITATION

Nos. 79-2132, 79-2133.

392 So.2d 355 (1981)

FLORIDA EAST COAST RAILWAY COMPANY, Appellant/Cross-Appellee, v. SOUTHERN SANITATION SERVICE, a Florida Corporation, Appellee/Cross-Appellant, v. CITY OF DELRAY BEACH, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

January 14, 1981.

Attorney(s) appearing for the Case

Kenneth L. Ryskamp, Goodwin, Ryskamp, Welcher & Carrier, P.A., Miami, for appellant/cross-appellee.

D. David Keller, Bunnell, Graham & Denman, P.A., Fort Lauderdale, for appellee/cross-appellant.

J. Burke Culler, Jr., Adams, Coogler, Watson & Smith, West Palm Beach, for appellee.

PER CURIAM.

The trial court dismissed Florida East Coast Railway Company's (hereinafter FEC) action for lack of prosecution. We reverse.

The record discloses that on June 25, 1976, FEC filed supplemental interrogatories directed to the City of Delray Beach and that on July 2, 1976, the City filed its answers to the interrogatories. On June 27, 1977, Southern Sanitation Service, Inc., moved to dismiss the cause for lack of prosecution and on July 12, 1977,...

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