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LEE-BOOTH INC. v. FIDELITY AND DEPOSIT CO.

No. 80-1251.

399 So.2d 531 (1981)

LEE-BOOTH, INC., Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellee.

District Court of Appeal of Florida, Second District.

June 12, 1981.

Attorney(s) appearing for the Case

Walter B. Smith of Green & Fonvielle, Tallahassee, for appellant.

Joseph G. Thresher and David L. Smith of Shackleford, Farrior, Stallings & Evans, Tampa, for appellee.

DANAHY, Judge.

Appellant (Lee-Booth) purchased the assets of Format Ten, Inc., a corporation in the business of hardware supply. One of those assets was an alleged account receivable due Format Ten from Jansen Company of Florida, Inc., the general contractor for the construction of the West Pasco County Government Center. Appellee (Fidelity) is the surety on Jansen's performance and payment bond.

Lee-Booth brought this suit against Jansen and Fidelity to collect...

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